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RULE
9 HEARING
Section 1. Trial
of cases. The Hearing Officer shall, as far as practicable,
set
the case for successive and continuous daily hearing for the reception
not only of the evidence in chief but also on any provisional remedy
prayed
for in the complaint or petition: Provided, however, That
the
hearing of the case on the merits or the reception of evidence of the
parties
shall be terminated within ninety (90) days, thirty (30) days to be
allotted
to complainant’s or petitioner’s evidence, thirty (30) days for
respondent,
and thirty (30) days for any rebuttal and sur-rebuttal evidence.
In the case of provisional remedies, the hearings or reception of
evidence
thereof shall be terminated within thirty (30) days.
Section 2. Postponement
of hearings. Postponement of hearings shall be allowed only
on
extremely meritorious grounds and provided, that the reception of
evidence
of the parties shall not exceed the periods provided under the
preceding
section.
Section 3. Order
of trial. Unless the Hearing Officer, for special reasons,
otherwise
directs, the order of trial shall be as follows:
(a) The
complainant
or petitioner must produce evidence in support of his allegations in
the
complaint or petition. The affiants/witnesses whose affidavits
were
submitted must be subject to a cross examination by the opposing
counsel
on the basis of their affidavits.
(b) The
respondent
shall then offer evidence in support of his defense, counterclaim,
cross-claim,
and third-party claims subject to cross-examination by complainant or
petitioner
or his counsel.
(c) The
third party-respondent,
if any, shall introduce evidence of his defense, counterclaim,
cross-claim
and third-party claim.
(d) The
fourth, etc.
party, if any, shall introduce evidence of the material facts pleaded
by
him.
(e) The
parties against
whom any counterclaim or cross-claim has been pleaded shall introduce
evidence
in support of their defense, in the order to be prescribed by the
Hearing
Officer.
(f) The
parties may
then respectively offer rebutting evidence only, unless the Hearing
Officer,
for good reasons, in the furtherance of justice, permits them to offer
additional evidence pertinent to the original issue.
(g) When
the presentation
of evidence is concluded, the parties may submit their respective
memoranda,
including draft of decision, the submission of which shall be
simultaneous,
within ten (10) days from the date of the last hearing.
Section 4.
Answer
to amended complaint. If the complaint is amended, the time
fixed
for the filing and service of the Answer shall, unless otherwise
ordered,
run from the service of such Amended Complaint. The Original
Answer
shall be considered as Answer to the Amended Complaint unless a new
Answer
is filed within ten (10) days from receipt or service of the amended
complaint.
Section 5. Motion
to dismiss not allowed. No Motion to Dismiss on any of the
grounds
mentioned in the Rules of Court and in any other law shall be allowed
except
on the ground of prescription. Such grounds other than
Prescription
shall instead be pleaded as affirmative defenses, the resolution of
which
shall be made in the decision on the merits. The Hearing Officer
may, for good cause shown, conduct a preliminary hearing on any of the
affirmative defenses if this will expedite the resolution of the
case.
Section 6. Agreed
statements of facts. (a) The Complainant and the
Respondent
may agree in writing upon the facts involved in the action, and ask
judgment
upon the facts agreed upon, without the introduction of evidence.
The Hearing Officer shall immediately prepare the decision and submit
it
to the Division Chief of the Administrative Complaints Division who
shall
recommend the same to the Director for his approval, if the agreed
statement
of facts is sufficient to support a decision.
(b) If the parties
can agree only on some of the facts in issue, the Hearing shall be held
as to the others.
Section 7. Period
for resolving cases. Unless a different period is fixed by
special
laws, all contested cases or any incident thereof shall be decided or
resolved
within thirty (30) calendar days from submission for decision or
resolution
by the Hearing Officer.
Section 8.
Consolidation.
When actions involving a common question of law or fact are pending
before
the Bureau, the Hearing Officer may order a joint hearing or trial on
any
or all the matters in issue in the actions. It may order all the
actions consolidated and it may make such orders concerning proceedings
therein as may tend to avoid unnecessary costs or delay.
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