Question & AnswerQ&A (COSLAP)
These rules are officially known as the New Rules of Procedure of the Commission on the Settlement of Land Problems.
These Rules should be liberally construed to carry out the objectives of Executive Order No. 561 and to assist parties in obtaining just, expeditious, and inexpensive settlement of cases.
No, the Commission and its Hearing Officers are not bound by technical rules of procedure and evidence but must decide cases expeditiously using reasonable means to ascertain facts according to justice, equity, and the merits of the case.
The term 'Commission' refers to the Commission on the Settlement of Land Problems.
A complaint or petition duly signed by the complainant or petitioner, their counsel, or an authorized person with special power of attorney can initiate an action.
Complaints or petitions may be filed with the main office of the Commission in Quezon City or with the provincial office where the land involved is located. If no provincial office exists, filing can be done at the nearest provincial office.
Multiple suits based on a single cause of action shall not be allowed; parties must present all claims in one action.
Real parties in interest and all persons who claim an interest adverse to the complainant or petitioner must be joined as parties.
They are entitled to the rights and privileges of a pauper litigant under R.A. 635 without further proof and maintain this status until the case is terminated.
Yes, motions to dismiss except for certain grounds, motions for bills of particulars, motions for new trials, petitions for relief from judgment, petitions for certiorari, mandamus or prohibition against interlocutory orders, and motions to declare respondent in default are prohibited.
Service shall be personal as far as practicable or by registered mail to the party, counsel, or authorized representative. Proof of service must be filed in the case records.
Attorneys may bind their clients in procedural matters but cannot enter into compromise agreements releasing claims without their client's express written consent or special power of attorney.
A witness is not bound to attend hearings outside the province of residence unless the distance is less than 50 kilometers by the usual course of travel.
Proceedings are non-litigious; technical legal and evidentiary rules are relaxed to achieve just, fair, and speedy disposition of cases.
Acts such as obstructing or interrupting proceedings, disrespect or offensive comments toward the Commissioner or Hearing Officers, refusal to be sworn or answer as a witness, or refusal to subscribe an affidavit when required.
The decision on the merits must be rendered within thirty (30) days after parties have rested and submitted the case and within ninety (90) days from filing the complaint or petition.
A compromise agreement, when voluntarily entered into and approved, is final and binding with the approval order having the effect of a decision by the Commission.
Aggrieved parties may appeal to the Court of Appeals by petition for review on certiorari within fifteen (15) days from receipt of the decision.
Such failure shall be deemed contempt of the Commission and may be punished accordingly.