not be required to participate in the proceeding, unless specifically directed by the
Commission en banc.
Section 17. Dismissal of the Petition. – The Commission en banc may dismiss
the petition if on its face it finds the same to be clearly without merit.
Section 18. Order to Comment. - If the petition is sufficient in form and
substance, the Commission en banc shall order the respondent/s to comment on
the petition within ten (10) days from receipt of the notice of the order requiring
him/her to do so.
Section 19. Expediting Proceedings; Injunctive Relief. – The Commission en
banc may issue an order to expedite the proceedings, and may grant a temporary
restraining order (TRO) or writ of preliminary injunction (WPI) for the preservation
of the rights of the parties pending such proceedings.
Section 20. Preliminary Conference. – After the comment is filed or upon the
lapse of the time for its filing, the Commission en banc shall set the case for
preliminary conference and shall issue the necessary order directing the parties to
appear to determine the following:
a. The possibility of an amicable settlement. The Commission en banc must take
into consideration the application of customary laws in settling disputes such as,
but not limited to, sakusak, bodong, dap-ay, tongtongan, kahimunan,
dumalungdong, etc.;
b. The issues to be resolved;
c. The evidence, oral or written, to be presented;
d. The date or submission of any further written material;
e. The date and place of hearing for the reception of evidence;
f. The fixing of a time and place for any inspection, if necessary; and
g. Such other matters which may be necessary or relevant to the case.
Section 21. Mediation. – The Commission en banc shall assign the case to the
appropriate Ethnographic Commissioner to facilitate 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 respondent to appear in the mediation shall be personally served to the latter,
or be sent by registered mail or by private courier.
During mediation, the Ethnographic Commissioner may 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.
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