RULE X – PROCEEDINGS BEFORE THE COMMISSION EN BANC
PART I – APPEALED CASES
Section 1. Grounds for Appeal. – The appeal from the Decision or Resolution of
the Regional Hearing Officer that finally disposes of the case may be acted upon by
the Commission en banc on any of the following grounds:
a. On pure question of law; and/or
b. Serious errors in the findings of facts which, if not corrected, would cause grave
or irreparable damage or injury to the appellant.
Section 2. Action on Appeal. – Upon receipt of the entire record of the case, the
Clerk of the Commission shall forthwith docket the case and notify the Commission
en banc. Thereafter, the Commission en banc shall assign the case to the
appropriate Ethnographic Commissioner to facilitate alternative dispute resolution
(ADR). The said Commissioner shall set mediation within thirty (30) days from date
of assignment and complete the proceedings within sixty (60) days from the day of
first conference. A notice for the appellee to appear in the mediation shall be
personally served to the latter, or be sent by registered mail or private courier.
During mediation, the Ethnographic Commissioner may conduct the mediation
himself/herself or choose from a pool of accredited mediators recognized by the
NCIP to conduct the mediation process. The mediator chosen must be with the
assent of all the parties to the case. During the mediation process, the appearance
of lawyers is prohibited.
The conduct of the mediation process is strictly confidential. Any information gained
from such mediation proceeding is not admissible in evidence at the proceedings
before the Commission en banc.
If mediation is successful, the Ethnographic Commissioner shall submit the
compromise agreement and the record of the case to the Commission en banc for
approval and rendition of judgment on compromise. Otherwise, the case is referred
back to the Commission en banc for disposition. The Commission en banc will then
require the appellee to submit his/her memorandum within ten (10) days from
receipt of the order requiring him/her to do so.
Section 3. Appellant’s Memorandum on Appeal; Contents. – The
Memorandum on Appeal shall indicate the parties to the appeal, specify the
decision, award or final order appealed from, and state the material dates showing
the timeliness of the appeal. It shall also contain a statement of matters involved,
the issues or grounds relied upon, and the relief prayed for. The Memorandum on
Appeal shall be filed in three (3) legible copies, with proof of service to all
appellee/s. The original copy of the Memorandum on Appeal shall be indicated as
such by the appellant.
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