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(NAR) VOL. 2 NO. 1/JANUARY-MARCH 1991

[ VRB, December 15, 1986 ]

RULES OF PROCEDURE



Pursuant to Section 3(9) of Presidential Decree No. 1987, the following Rules and governing the conduct of hearings before the Videogram Regulatory Board, hereinafter called the Board, are hereby adopted and promulgated.

Rule I
Title

SECTION 1. Title – These rules shall be known as the Rules of Procedure of the Board.

Rule II
Coverage

SECTION 2. Coverage – These rules shall govern hearings on complaints filed with the Board for violation/s of P.D. No. 1987 and the Rules and Regulations promulgated pursuant thereto such as, but not limited to, disputed registration or non-registration of a videogram establishment, the failure to secure the necessary permit, the failure to observe the requirements on labeling, the removal, changing or switching of titles and/or classifications, the showing of pornographic or other banned material, and the reproduction, sale, lease, showing or other disposition of videogram/s without the consent of the owner or assignee of cinematographic work/s.

Rule III
Construction and Implementation

SECTION 1. Construction – These rules shall be liberally construed in order to effectively attain the objectives and purposes of P.D. No. 1987 and the Rules and Regulation promulgated pursuant thereto.

SECTION 2.  Implementation.  In implementing these rules, the Board shall observe proper flexibility and avoid undue technicality with the end in view of bringing forth the truth and meting out justice as fairly and expeditiously as possible.

Rule IV

Parties

SECTION 1.       Parties – Any person, natural or juridical, who has cause to complain about any violation of P.D. No. 1987 or the Rules and Regulations promulgated pursuant thereto, may file a complaint with the Board against the person or establishment charged with such violation.  The former shall be called the complainant, and the latter, the respondent.

SECTION 2. Appearances – In all proceedings of the Board, it is preferred that the parties be represented by counsel, provided, however, that a party may appear before the Board without the assistance of counsel if he so desires; and provided, further, that any confession or admission of guilt of a party made without the presence and assistance of counsel may not be used against such party in a criminal action.

Rules V
Commencement of Proceedings

SECTION 1. When Proceedings Deemed Commenced – Proceedings before the Board are deemed commenced upon the filing of complaint.

SECTION 2. Pleadings – The complaint shall be in affidavit form and may be accompanied by supporting affidavit/s, in a set of five (5) copies for the Board and of as many other copies as there are respondents.  No other pleading subsequent thereto shall be accepted by the Board without proof of service upon the adverse party.  If the Board requires the respondent to file an answer, the same shall be in counter-affidavit form and may also be accompanied by supporting affidavits, in a set of five (5) copies for the Board, and a copy furnished to the complainant.

SECTION 3. Prohibited Pleadings and Motions – Motion to dismiss, motion for bill of particulars or to make certain, motion for new trial or for reopening of trial, petition for relief from judgment, motion to declare defendant in default, and dilatory motions for postponement shall not be allowed.

Rule VI
Summary Procedure

SECTION 1. Dismissal – The Board shall, motu proprio, dismiss the complaint if the same is patently without merit.

SECTION 2. Summons – If the complaint is prima facie meritorious, the Board shall cause the issuance of summons, accompanied by a copy of the complaint’s affidavit and supporting affidavit/s, to the respondent, directing the latter to submit counter-affidavit, and supporting affidavit/s, if any, within seven (7) days from receipt of such summons and to affirm the same before the Board.  No counter-affidavit shall be accepted for filing with the Board without proof of service thereof to the complainant or his counsel.

SECTION 3. Judgment, Hearing, When In Order – Should the Board find upon consideration of the affidavits and other evidences submitted by the parties, that a decision may be rendered thereon without need of a formal hearing, it may proceed to render a decision.

In cases where the Board deems it necessary to clarify specific factual matters before a decision may be rendered, the case shall be set for hearing in accordance with Rule VII.

SECTION 4. Failure to Submit Counter-Affidavit – If the respondent fails to file his counter-affidavit and to appear as required, without valid reason, the Board upon motion of the complainant or motu proprio shall consider the case submitted for resolution and/or decision.

SECTION 5. Conciliation or Compromise Agreement – At the initial hearing of the case, or even thereafter, the parties may enter into conciliation or compromise settlement of violations administrative in character, subject to the approval of the Hearing Committee, the Chairman thereof, or the Commissioner.

SECTION 6.  Failure to Appear and Affirm Affidavit – Should the person who executed the affidavit fail to appear and affirm his affidavit, his affidavit shall not be considered as competent evidence.

SECTION 7. Personal Knowledge, Expertise and Competence – The parties and their witnesses shall state only matters of which they have personal knowledge, or on which they have expertise.

Rule VII
Hearings

SECTION 1. Who may Conduct Hearings – Hearings of the Board may be conducted by the Hearing Committees composed of the Board Members (including the Chairman or Vice Chairman if necessary), or by the respective Chairmen of said Hearing Committees, or by a Commissioner appointed by the Board, and any hearing conducted by them shall be deemed as a hearing before the Board.  In any special case, whenever deemed necessary, the hearing may be conducted by the Board en banc at the instance of the Chairman or by the unanimous vote of the Chairmen of the Hearing Committees.

SECTION 2. Place of Hearings – Hearings shall be held at the main office of the Board, but hearings may also be held at such other place as the Chairman of the Board may designate in the exercise of sound discretion.

SECTION 3. Witness May Be Subjected to Cross-Examination – The affidavits and counter-affidavits shall constitute the direct testimonies of the parties and witnesses who executed the same.  The affiants/witnesses who testify may be issued clarificatory questions by the proponent and by the Board and may be cross-examined by the adverse party.

SECTION 4. Rules of Procedure and Evidence Not Strictly Applicable – The technical rules of procedure and evidence shall not be strictly applied in hearings before or by authority of the Board; provided, however, that the Board, the Hearing Committee, the Chairman thereof, or the Commissioner conducting the hearing may refer to the Rules of Court for guidance whenever necessary for the orderly and expeditious administration of justice.

SECTION 5. Suspension/Revocation of License and Registration Permits Pending Hearing – If the charge is a ground for the suspension or revocation of license permits, the Chairman of the Board may upon the recommendation of the Hearing Committee, pending hearing and final disposition of the case, in the public interest and for justifiable reasons, order the temporary suspension of the license/permit of the erring person or establishment or closure of the establishment.  Each order of temporary suspension or closure shall not last for more than twenty (20) days from the date of its enforcement.

Rule VIII
Decision

SECTION 1. Decision – The decision of the Hearing Committee, the Chairman thereof, or the Commissioner, shall be deemed as rendered by the Board.  In any special case, whenever necessary, the Board en banc may itself render decision at the instance of the Chairman or by the unanimous vote of the Chairman of the Hearing Committee.

SECTION 2. Dissent – Any member of the Hearing Committee or of the Board, as the case may be, may submit a dissenting opinion stating the reasons thereof, which shall be attached to the majority decision.

SECTION 3. Motion for Reconsideration – The party adversely affected may file a motion for reconsideration of the decision within the period to appeal on the ground that the evidence is not sufficient to justify the decision that the decision is contrary to the evidence or the law.  The filing of a motion for reconsideration shall suspend or stop the running of the period for appeal, and the remainder of such period shall begin to run from the date of receipt by the movant of the denial of the motion for reconsideration.  Only one motion for reconsideration shall be allowed for any party.

SECTION 4. Finality – The decision of the Board shall become final and executory thirty (30) days after the official receipt of a copy thereof by the party adversely affected to his counsel, unless within that period a motion for reconsideration is filed or an appeal to the Office of the President is perfected or when the decision in the appeal, if any, becomes final and executory.

Rule IX
Appeal

SECTION 1. Period for Appeal – A party adversely affected by the decision of the Board may appeal to the Office of the President within thirty (30) days from official receipt of said decision, deducting the time during which a motion for reconsideration, if any, is pending.

SECTION 2. How Taken – The appeal shall be filed directly with the Office of the President, and shall specifically set forth assignment of error/s with reasons, authorities, and precedents relied upon for reversal or modification of the appealed decision, and with notice and copy thereof served to the Board and the adverse party within the 30-day period for appeal.

Rule X
Execution

SECTION 1. Execution Upon Finality of Decision – Execution shall issue after the decision of the Board has become final and executory; provided, however, that execution pending appeal may be allowed in the sound discretion of the Board, such as when the appeal is patently dilatory.  Execution pending appeal may be stayed upon filing of bond by the losing party in such reasonable amount as may be affixed by the Board or upon issuance of a status quo order by the Office of the President.

SECTION 2.       Enforcement of Decision – The decision shall be enforced through writ of execution which may be directed to any law enforcement agency deputized by the Board for that purposes.

Rule XI
Fees

SECTION 1. Docketing Fees – For the filing of a complaint, a private complainant must pay to the Board, through its cashier, a docketing fee of Fifty Pesos (P50.00).

SECTION 2. Other Fees – The private complainant shall also pay Ten Pesos (P10.00) as legal research fund fee, for transcript of records, or copy of a decision, order, resolution or other official record, Two Pesos (P2.00) for each one hundred (100) words or fraction thereof, for transcript of stenographic notes.  One Peso and Fifty Centavos (P1.50) per page, and for a certification, Two Pesos (P2.00) per page or fraction thereof.

Rule XII
Other Provisions

SECTION 1. Supplementary Rules – The Board, sitting en banc may from time to time issue such supplementary rules as it may deem it and necessary.

SECTION 2. Amendment/Repeal – These rules may also be amended or repealed by the Board sitting en banc.

SECTION 3. Effectivity – These Rules, or any subsequent amendment or repeal thereof, shall take effect fifteen (15) days after publication thereof in a newspaper of general circulation.

Adopted: 15 Dec. 1986 *

(SGD.) EDUARDO D. SAZON
Officer-in-Charge

 


* Re-Issued by the Board on January 28, 1991 per its Resolution No. 91-01-01.
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