evident that the applicant is entitled to the relief and the conduct of a hearing
entails additional burden and delay to the parties.
Section 6. Motion to Dismiss, Prohibited. – No motion to dismiss on any ground
shall be allowed. All defenses including grounds for a motion to dismiss such as lack
of jurisdiction, prescription, res judicata, or improper venue, should be stated in the
answer. The Regional Hearing Officer may dismiss motu propio the action on any of
the following grounds:
a. Lack of jurisdiction;
b. Prescription; and
c. Res Judicata.
For this purpose, the Regional Hearing Officer, at his/her discretion, may require
the submission of memoranda/position papers to aid him/her in determining the
propriety of the ground for dismissal stated in the answer.
Section 7. Prohibited Pleadings and Motions. – The following petitions,
motions, or pleadings shall not be allowed:
a.
b.
c.
d.
e.
f.
Motion for a bill of particulars;
Motion for new trial;
Dilatory motion for postponement or extension of time to file pleadings;
Motion to Dismiss;
Appeals from interlocutory orders; and
Such other analogous motions and pleadings.
RULE VIII – REPRESENTATIONS AND APPEARANCES
Section 1. Appearances. – Lawyers and NCIP legal officers may appear before
the Commission en banc or the Regional Hearing Office as counsel for any of the
parties. A non-lawyer may appear in any proceedings before the Commission or the
Regional Hearing Office provided that:
a. He/she appears as a party to the case;
b. He/she represents an organization or its members conditioned upon presentment
of a written authority showing proper representation;
c. He/she is duly accredited member of any legal aid office; and
d. He/she is an accredited paralegal aide or member of an accredited Indigenous
Peoples Organization (IPO) subject to the presentation of a written authority to
represent the IPO.
Section 2. Appearance of a Non-lawyer may be Denied. – When, in the
opinion or assessment of the Commission or the Regional Hearing Officer that, the
rights and interests of a party litigant may not be best served or will be
compromised due to lack of skill and experience of a non-lawyer appearing as
counsel in a case, the appearance of said non-lawyer may be denied. But where the
party litigant cannot afford the services of a lawyer, the Regional Hearing Officer or
the Commission en banc shall appoint a counsel for said party.
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