Section 7. Records. – Each Provincial Office of the NCIP shall keep a file of all
cases referred to it by the Regional Hearing Office for referral to the council of
elders/leaders or mediators.
RULE V – VENUE AND COMMENCEMENT OF ACTIONS
Section 1. Real Actions. – Actions arising out of disputes or controversies over
ancestral domain/land or actions involving real properties shall be filed with the
Regional Hearing Office. In case the subject ancestral domain/land or portion/s
thereof straddles two or more administrative or ethnographic regions, the action
shall be filed with the Regional Hearing Office where the greater portion of the
subject property is situated.
Section 2. Actions within the Original and Exclusive Jurisdiction of the CEB.
– For cases cognizable by the CEB under its exclusive and original jurisdiction, the
complaint or petition may be filed directly with the Clerk of the Commission.
Section 3. Filing of Initiatory Pleadings. – Complaints or petitions may also be
filed with the nearest NCIP Regional or Field Offices. The filing of the
complaint/petition at the nearest NCIP Regional or Field Offices shall interrupt the
running of prescriptive or reglementary periods.
The receiving NCIP Regional or Field Office is not required to docket the
complaint/petition but is required to keep a record of cases received by them.
Thereafter, the Regional or Field Office shall cause the transmittal of the complaint
or petition, within ten (10) days, to the CEB or the Regional Hearing Office, as the
case may be.
Once the complaint/petition is received by the Clerk of the
Commission or concerned Regional Hearing Office, the same shall be docketed and
the date of receipt indicated by the NCIP Regional or Field Office shall be considered
as the official date of receipt of the complaint/petition.
Section 4. Personal and Other Actions. – Personal and other actions shall be
filed with the Regional Hearing Office in the place where the petitioner/plaintiff
resides or where the respondent/defendant resides, at the option of the former.
Section 5. Waiver of Venue. – When improper venue is not objected to in the
answer, it is deemed waived.
Section 6. Special Hearing Offices, Alternative Venues. – Whenever necessary
the Commission en banc may administratively create special hearing offices as
alternative venues for the purpose of aiding or furthering the quasi-judicial
functions of the Commission.
Section 7. Commencement of Action. – An action shall commence upon the
filing of the complaint/petition in accordance with this Rules.
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