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Pursuant to the provisions of Section 3, paragraph 2 of Executive Order No. 561, the following rules governing the adjudication, conciliation/mediation, arbitration and settlement of land problems involving small settlers and landowners, and the conduct of proceedings before the Commission on the Settlement of Land Problems and its Hearing Officers, are adopted and promulgated:

RULE I
TITLE AND CONSTRUCTION

SECTION 1. Title. — These Rules shall be known as the New Rules of Procedure of the Commission on the Settlement of Land Problems.

SECTION 2. Construction. — These Rules shall be liberally construed to carry out the objectives of Executive Order No. 561 and such other laws enforced by the Commission and to assist the parties in obtaining just, expeditious and inexpensive settlement of cases with the Commission.

SECTION 3. Technical Rules Not Applicable. — The Commission and its Hearing Officers shall not be bound by technical rules of procedure and evidence but shall proceed to hear and decide all cases, disputes or controversies in a most expeditious manner employing all reasonable means to ascertain the facts of every case in accordance with justice and equity and the merits of the case.

However, in the absence of any applicable provisions of these Rules, the pertinent provisions of the Revised Rules of Court of the Philippines and prevailing jurisprudence may, in the interest of speedy justice and whenever practicable and convenient, be applied by analogy or in a suppletory character and effect.

RULE II
DEFINITION OF TERMS

SECTION 1. Meaning of Words. — For the purpose of these rules, and as far as practicable, the following words shall mean: 

a) Commission — shall refer to the Commission on the Settlement of Land Problems. 

b) Commissioner — shall refer to the Commissioner or to any of the Associate Commissioners. 

c) Hearing Officer — shall refer to any individual or officer, who is a member of the Philippine Bar, duly designated in a proper order by the Commission to hear cases.

RULE III
COMMENCEMENT OF ACTIONS, VENUE AND CAUSE OF ACTION

SECTION 1. Complaint or Petition. — An action before the Commission or its Hearing Officers shall be initiated by filing a complaint or petition with the main office of the Commission or its provincial office in the place where the land involved is located.

The complaint or petition shall be duly signed by the complainant or petitioner, or his counsel, or by one who can show a special power of attorney to do so. It shall state the name and residence of the complainant or petitioner and those of the defendant or respondent, the substance of the claim, the date when such claim arose, the ultimate facts constituting the cause of action, and the relief/s sought. At least two (2) copies of the complaint or petition, plus as many copies required to be served upon each of the adverse parties, shall be filed.

SECTION 2. Venue. — (a) Complaints or petitions may be filed with the main office of the Commission in Quezon City, Philippines regardless of the location of the subject matter thereof.

(b) They may likewise be brought before the provincial office of the Commission where the land or other property involved is located. If there is no provincial office in the province concerned, the complaint or petition maybe filed with the nearest provincial office of the Commission.

(c) When improper venue is not objected to before or at the time of filing of position papers. Such question shall be deemed waived.

(d) The venue of an action maybe changed or transferred to a different provincial office other than where the complaint was filed by written agreement of the parties or when the Commission or Hearing Officer before whom the case is pending so orders, upon motion by the proper party in meritorious cases.

SECTION 3. One Suit for a Single Cause of Action. — Multiple suits based on a single cause of action for enforcement or protection of a right or prevention or redress of a wrong shall not be allowed.

SECTION 4. Joinder of Causes of Action. — A complainant or petitioner having more than one cause of action against the same defendant or respondent arising out of the same questioned relationship, shall join all of them in one complaint or petition.

RULE IV
PARTIES, CAPTION AND SERVICE OF PLEADINGS

SECTION 1. Parties in Interest. — Every action before the Commission must be initiated and defended in the name of the real party in interest. All parties having an interest in the matter shall be joined as complainant or petitioner. All persons who claim an interest in the dispute or subject matter thereof adverse to the complainant or petitioner, or who are not necessary to a complete determination or settlement of the issue involved therein shall be joined as defendant or respondent.

SECTION 2. Pauper Litigant. — Where a party is small or informal settler or any person without means, shall be entitled to the rights and privileges of a pauper litigant under R.A. 635, without further proof thereof. He shall continue to enjoy such status as a pauper litigant until the case is terminated.

SECTION 3. Associations or Corporations as Defendants. — When two or more persons, associated in any business, transact such business under a common name, whether it comprises the name of such persons or not, the associates may be sued by such common name.

Persons, associated in business who are sued under a common name, must all be named individually in the answer filed by them or in their behalf, stating their business address.

SECTION 4. Appearances. — An attorney appearing for a party is presumed to be properly authorized for that purpose.

A non-lawyer may appear before the Commission or any Hearing Officer only if: 

a) he represents himself as party to the case; 

b) he represents an organization or its members, provided that he shall be made to present written proof that he is properly authorized; or, 

c) he is a duly-accredited member of any legal aid office duly recognized by the Department of Justice or Integrated Bar of the Philippines in cases referred by the latter.

Appearances may be made orally or in writing. In both cases, the complete name and office address of both parties shall be made on record and the adverse party or his counsel/representative properly notified.

Any change in the address of counsel/representative should be filed with the records of the case and furnished the adverse party or counsel.

Any change or withdrawal of counsel/representative shall be made in accordance with the Rules of Court.

SECTION 5. Authority to Bind Party. — Attorneys and other representatives of parties shall have authority to bind their clients in all matters of procedure but they cannot, without a special power of attorney or the express and written consent of their client, enter into a compromise agreement with the opposing party when a full or partial discharge of a client’s claim is made.

SECTION 6. Service of Pleading, Notices and Resolutions.  — (a) The party filing the pleadings shall serve the opposing party with a copy thereof in the manner provided for in these Rules and proof of such service shall be filed with the records of the case.

(b) Notice of the summons and a copy of the resolutions, order or decision shall be served personally as far as practicable, or by registered mail upon the party himself, his counsel, or his duly authorized representative.

SECTION 7. Service Upon Associations. — When persons associated in business are sued under common name, service may be effected upon all the defendants by serving upon any one of them or upon the person in charge of the office or place of business maintained in the common name. But such service shall not bind individually any person whose connection with the association has upon due notice, been severed before the action is brought.

SECTION 8. Service Upon Private Domestic Corporations or Partnership. — If the defendant is a corporation organized under the laws of the Philippines or a partnership duly registered service may be made on the president, manager, secretary, cashier, agent, or any of its directors or partners.

SECTION 9. Service Upon Public Corporations. — When a defendant is the Republic of the Philippines, service may be effected on the Solicitor General. In case of a province, city or municipality or like public corporations, service may be effected on its executive head, or on such other official or officers as the law or the Commission or its Hearing Officers may direct.

SECTION 10. Returns of Service. — The designated officer who personally served the notice, resolution, order or decision shall submit his return within five (5) days from the date of his service thereof, stating therein the name of the person served and the date of receipt of the same or if no service was effected, the serving officer shall state the reason or reasons therefor.

SECTION 11. Proof and Completeness of Service. — The return is a prima facie proof of the facts indicated therein. Service by registered mail is completed upon receipt by the addressee, his counsel, or by the duly authorized representative or agent.

RULE V
PROHIBITED PLEADINGS

SECTION 1. Prohibited Pleadings and Motions. — The following pleadings, motions or petitions shall not be allowed in the cases covered by these Rules: 

a) Motion to Dismiss the complaint except on the ground of lack of jurisdiction over the subject matter, improper venue, res adjudicata or prescription; 

b) Motion for a Bill of Particulars;

c) Motion for New Trial; 

d) Petition for Relief from Judgment; 

e) Petition for Certiorari, Mandamus or Prohibition against any Interlocutory Order issued by the Hearing Officer; 

f) Motion to Declare Respondent in Default.

RULE VI
SUMMONS, ASSIGNMENT AND DISPOSITION OF CASES

SECTION 1. Issuance of Summons. — Immediately after receipt of a case assigned to him, the Hearing Officer concerned shall issue the required notification and/or summons, attaching thereto a copy of the complaint/petition.

SECTION 2. Assignment of Cases. — (a) All complaints and petitions received by the record/docket section of the Commission shall be forwarded to the Office of the Commissioner within twenty-four (24) hours from receipt thereof for assignment.

(b) Within a reasonable period from receipt of the cases referred to him by the record/docket officer, the Commissioner shall assign the same to the different Hearing Officers. However, in exceptional cases, as when the land problems or disputes are likely to cause public disorder or social unrest or tension, the Commissioner himself may assume jurisdiction over such cases or assign the same to Hearing Officers who, in his opinion, can effect immediate settlement or adjudication of the cases.

(c) All pleadings subsequent to the filing of the complaint shall be forwarded to the Hearing Officer before whom the case is pending within twenty four (24) hours from receipt thereof by the record officer.

SECTION 3. Disposition of Cases. — When a case is assigned to a Hearing Officer, the entire case and any or all incidents thereto shall be considered assigned to him, and the same shall be disposed of in the same proceedings to avoid multiplicity of suits.

RULE VII
SUBPOENA

SECTION 1. Subpoena and Subpoena Duces Tecum. — Subpoena is a process directed to a person requiring him to attend and to testify at the hearing or the trial of an action, or at any investigation conducted under the laws of the Philippines, or for the taking of his deposition. It may also require him to bring with him any books documents, or other things under his control, in which case it is called a subpoena duces tecum.

SECTION 2. By Whom Issued. — The subpoena shall be issued by the Commission or Hearing Officer before whom the witness is required to attend.

SECTION 3. Form and Contents. — A subpoena shall be signed by the Commissioner or Hearing Officer under the seal of the Commission. It shall state the title of the action or investigation, and shall be directed to the person whose attendance is required, and if a subpoena duces tecum, it shall also contain a reasonable description of the books, documents or things demanded which must appear to the court prima facie relevant.

SECTION 4. Service. — Service of a subpoena shall be made by the designated officer or by any other person specially authorized who is not a party and is not less than eighteen (18) years of age. The original shall be exhibited and a copy thereof delivered to the person named therein.

SECTION 5. Witness Not Bound by Subpoena. — A witness is not bound to attend as such before the Commission or any Hearing Officer out of the province in which he resides unless the distance be less than fifty (50) kilometers from his place of residence to the place of hearing by the usual course of travel.

SECTION 6. Personal Presence in Court. — A person present in the hearing before the Commission or any Hearing Officer may be required to testify as if he were in attendance upon a subpoena issued by such Commission or Hearing Officer.

SECTION 7. Contempt. — Failure by any person without adequate cause to obey a subpoena served upon him shall be deemed a contempt of the Commission from which the subpoena is issued.

RULE VIII
PROCEEDINGS BEFORE THE COMMISSION AND ITS HEARING OFFICERS

SECTION 1. Nature of Proceedings. — The proceedings before the Commission or its Hearing Officers shall be non-litigious in nature. Subject to the essential requirements of due process, the technicalities of law and procedure and the rules governing the admissibility and sufficiency of evidence obtaining in the courts of law shall not strictly apply. The Hearing Officers shall undertake reasonable means to ascertain the facts of the controversy, including a thorough examination or re-examination of witness/witnesses and ocular inspection of the premises in question.

SECTION 2. Role of the Hearing Officer in the Proceedings.  — The Hearing Officer shall personally conduct the hearing. He shall take full control of the proceedings, examine the parties and witnesses freely with respect to the matters at issue, and may limit the right of the parties or their counsels to ask questions only for the purpose of clarifying the points of law at issue or of Party involved in the case. He may also limit the presentation of evidence by the contending parties to matters relevant to the issue and necessary for a just, fair and speedy disposition of the case.

SECTION 3. Initial Conference or Hearing. — Within ten (10) days from receipt of an assigned case, the Hearing Officer shall summon the parties to an initial conference or hearing, for the purpose of amicably settling the case upon a fair compromise, determining the real parties in interest, defining and simplifying the issues in the case, entering into admission or stipulations of facts and threshing out all other preliminary matters. The summons, together with a copy of the complaint/petition, shall specify the date, time and place of the initial conference or hearing.

Should the parties arrived at any agreement as to the whole or any part of the dispute, the same shall be reduced into writing and signed by the parties and their respective counsels, if any, before the Hearing Officer.

The settlement shall be approved by the Hearing Officer after being satisfied that it was voluntarily entered into by the parties and after having explained to them the terms and consequences thereof.

A compromise agreement entered into by the parties not in the presence of the Hearing Officer before whom the case is pending shall be approved by him, if after confronting the parties, particularly the complainants, he is satisfied that they understand the terms and conditions of the settlement and that it was entered into freely and voluntarily by them and the agreement is not contrary to laws, morals, and public policy.

A compromise agreement duly entered into in accordance with this Section shall be final and binding upon the parties and the Order approving it shall have the effect of a judgment rendered by the Commission.

SECTION 4. Submission of Position Paper/Memorandum. — Should the parties fail to agree upon an amicable settlement, either in whole or in part, during the conference/s, the Hearing Officer shall issue an order stating therein the matters taken up and agreed upon during the conference/s and directing the parties to simultaneously file their respective verified position papers.

These verified position papers shall cover those claims and causes of action raised in the complaint excluding those that may have been amicably settled, and shall be accompanied by all supporting documents including the affidavits of their respective witnesses which shall take the place of the latter's direct testimony. The parties may be allowed to allege, and present evidence to prove, facts not alleged or referred to previously, but which are relevant to the determination of the main issue or issues and are included in their claim or defense.

SECTION 5. Determination of Necessity of Hearing. — Immediately after the submission by the parties of their position papers and supporting documentary evidence, the Hearing Officer shall determine whether or not there is a need for a formal hearing or investigation. At this stage, he may, in his discretion and for the purpose of making such determination, elicit the pertinent facts or information, including documentary evidence if any, from any party or witness to complete, as far as possible, the facts of the case. Facts or information so elicited may serve as the basis for clarification, simplification and limitation of the issues. He shall participate actively in the preparation of the stipulations of the parties making suggestions on what facts the parties need to prove.

SECTION 6. Period to Decide the Case Without a Hearing.  — If the Commission or Hearing Officer finds no necessity for conducting a hearing after the parties shall have submitted their position papers and supporting documents, if any, he shall so inform the parties, stating the reasons therefor. The Commission shall then decide the case thirty (30) days thereafter.

In the case of Provincial Hearing Officers, they must transmit the entire record together with their recommendation and draft resolution to the Commission within a period of ten (10) days from the time the case was submitted for decision.

SECTION 7. Presentation of Evidence. — As a general rule, the complainant or petitioner shall be the first to present his evidence followed by the defendant or respondent. Should the parties desire to present additional evidence, they shall furnish each other a copy thereof, at least three (3) days before the scheduled hearing for that purpose.

SECTION 8. Extent of Cross-Examination. — In the cross-examination of witnesses on the affidavits of merit thus submitted, only relevant, pertinent and material questions necessary to clarify the issues or to complete the facts shall be allowed.

SECTION 9. Non-Appearance of Parties. — (a) Unexplained absence at a hearing by the complainant or petitioner, who has been duly notified thereof maybe sufficient cause to dismiss the case without prejudice. Dismissal of the case for the second time due to unjustified non-appearance of the complainant or petitioner who has been duly notified, shall be a dismissal of the case with prejudice.

(b) The non-appearance of a party despite due notice, shall entitle the party present to submit his evidence ex-parte, subject to the cross-examination by the other party at the next hearing, if, further proceedings are necessary. Should the absent party again fail to appear at such hearing his non-appearance shall be taken as a waiver to present further evidence and he shall be deemed to have rested his case.

SECTION 10. Record of Proceedings. — The proceedings before the Hearing Officer may not be recorded by a stenographer. The Hearing Officer, however, shall make a written summary of the proceedings including the substance of the evidence presented, which shall form part of the record of the case. The parties and their counsels or representatives, if any, shall be made to sign the written summary. Should they or anyone of them refuse to sign, the reasons for such refusal shall be noted therein.

SECTION 11. Conciliation of Disputes. — In all cases and at any stage of the proceedings, the Hearing Officer shall exert all efforts and take positive steps towards resolving the dispute through conciliation or mediation.

SECTION 12. Period to Decide the Case on the Merits. — The Commission shall render the decision on the merits of the case within thirty (30) days after the parties have rested and submitted the case and within ninety (90) days from the filing of the complaint or petition. The decision must contain clearly the findings of facts and conclusions of law on which it is based.

SECTION 13. Finality of Judgment. — The decision, order or ruling disposing of the case on the merits by the Commission shall be final after the lapse of fifteen (15) days from receipt of a copy thereof by the counsel, or representative on record, or in their absence, by the party himself.

SECTION 14. Motion for Reconsideration. — Only one (1) motion for reconsideration of any decision, order or ruling by the Commission shall be allowed before their finality.

RULE IX
COORDINATIVE FUNCTION OF THE COMMISSION

SECTION 1. Complaints/Petitions Need Not Be Dismissed Outright for Lack of Jurisdiction. — The Commission, instead of dismissing outright the complaints or petitions filed before it for lack of jurisdiction, may refer such complaints or petitions to a government agency or instrumentality having appropriate jurisdiction by means of an indorsement or letter from the Commission attaching therewith a copy of the complaint or petition. In case an order or decision of dismissal was issued by the Commission, a copy thereof, together with the record of the case, shall be forwarded to the government agency or office concerned.

SECTION 2. Coordinate the Activities of Government Agencies.  — The Commission may likewise coordinate the activities, particularly the investigation work, of the various government offices and agencies involved in the settlement of land problems or disputes, and streamline the administrative procedures to relieve small or informal settlers and landowners of the expense and time-consuming delay attendant to the solution of such problems or disputes. The Commission may require such government offices or agencies to appear during the scheduled hearing or conference to assist the parties and the Commission in resolving the dispute or controversy.

RULE X
  CONTEMPT

SECTION 1. Direct Contempt. — The Commission or any Hearing Officer may summarily pass judgment on acts of direct contempt committed in the presence of, or so near the Commissioner or of any Hearing Officer, as to obstruct or interrupt the proceeding before the same, including disrespect toward the Commissioner or any Hearing Officer, offensive personalities toward others or refusal to be sworn or to answer as a witness, or to subscribe to an affidavit or deposition when lawfully required to do so. If the offense is committed against the Commissioner, the same shall be punished by a fine not exceeding two hundred pesos (P200.00) or imprisonment not exceeding ten (10) days, or both; and if the offense is committed against the Hearing Officer, the same shall be punished by a fine of not exceeding one hundred pesos (P100.00) or imprisonment not exceeding one day, or both.

SECTION 2. Indirect Contempt. — The Commissioner or any Hearing Officer may also cite and punish any person for indirect contempt on any of the grounds and in the manner prescribed under Rule 71 of the Revised Rules of Court.

RULE XI
EXECUTION

SECTION 1. Execution Upon Final Order or Decision. — Execution shall issue upon an order or decision that finally disposes of the action or proceeding. Such execution shall issue as a matter of course after the parties have been furnished with copies of the decision in accordance with these Rules and upon the expiration of the period to appeal therefrom if no appeal has been duly perfected.

The Commission shall, motu proprio, or upon motion of any interested party, issue a writ of execution on a judgment from the date it becomes final and executory and order a duly deputized officer or sheriff of any government agency to enforce the same.

In case of non-compliance with an order or decision of the Commission, such legal sanctions, including punishment for contempt, as may be necessary under the circumstances shall be imposed and the appropriate orders to implement the earlier order or decision shall be issued. For this purpose, the assistance of the military or police authorities may be sought.

RULE XII
APPEALS

SECTION 1. Period to Appeal. — Any party aggrieved by the final order, decision or resolution of the Commission may appeal from the same to the Court of Appeals by petition for review on certiorari within fifteen (15) days from receipt hereof in accordance with the Rules of Court.

SECTION 2. Transmittal of Record. — Within five (5) days from receipt of the notice of appeal, the entire record of the case shall be forwarded to the Court of Appeals.

RULE XIII
MISCELLANEOUS PROVISIONS

SECTION 1. Seal of the Commission. — The seal of the Commission shall be circular in form with the words “Commission on the Settlement of Land Problems” inscribed in the upper edge running from left to right. The words “Department of Justice” shall be inscribed at the lower edge from left to right.

It shall have a three-layered brown background with the rays of the sun at the top. In the middle shall be the scales of justice balanced on a native “kampilan” representing the native weaponry of the ethnic communities.

SECTION 2. Assignment of Cases. — All cases brought to or filed with the Commission shall be distributed in accordance with the internal rules that the Commission may subsequently adopt.

SECTION 3. En Banc Meeting. — The Commission shall sit en banc in the performance of its policy and rule-making power and in the exercise of its adjudicatory functions.

SECTION 4. Quorum and Vote. — The presence of a majority of all members of the Commission shall constitute a quorum to decide any matter before it for adjudication. The vote or concurrence of at least two (2) Commissioners shall be necessary to promulgate a resolution, order or decision.

SECTION 5. Access to the Records. — All official unclassified records of the Commission shall be open to the public during normal office hours, except those that are kept in the confidential records, which cannot be divulged without violating the rights of the persons concerned or prejudicing public interest.

SECTION 6. Issuance of Certified True Copies. — The record/docket section shall issue to any person asking for the same, a certified true copy, under the seal of the Commission, of any document, record, resolution, order or decision, or entry under its custody.

The Hearing Officer may also issue certified true copies of the documents in his custody.

SECTION 7. Power to Administer the Oath. — The members of the Commission and the Hearing Officers shall have the power to administer the oath on all matters or proceedings related to the performance of their duties.

SECTION 8. Separability of Provisions. — If for any reason, any portion or provision of these Rules is declared unconstitutional or invalid by the Supreme Court, no other provisions of these Rules shall be affected thereby.

SECTION 9. Repealing Clause. — All COSLAP administrative orders or provisions thereof inconsistent with these Rules are hereby repealed and/or modified accordingly.

RULE XIV
EFFECTIVITY

These Rules of Procedure shall take effect upon the adoption by the Commission. All pending cases in the Commission shall likewise be governed by these Rules.

Adopted: 8 May 2003

(SGD.) ERNESTO A. CARDINO
Commissioner

(SGD.) NOEL A. GALAROSA
  OIC-Associate Commissioner