NCIP Rules of Procedure 2018

Rules are construed liberally to uphold the 1987 Constitution, RA 8371 (IPRA), and relevant laws.
Doubts and ambiguities are resolved favorably towards Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs).
The integrity of ancestral domains, culture, practices, customary laws, and traditions is paramount when applying these rules.
Customary laws have primacy in resolving ICC/IP disputes involving property, ownership, and land.
NCIP proceedings are summary and non-litigious.

Commission En Banc (CEB): NCIP Commissioners acting as a quasi-judicial body.
Regional Hearing Office (RHO): Office that adjudicates conflicts.
Regional Hearing Officer (RHOr): Officer heading the RHO, authorized to hear and resolve cases.
Special Hearing Office: Created by CEB to support quasi-judicial functions.
Amicus Curiae: Expert on indigenous knowledge systems and customary laws consulted as friends of the court.
Primacy of Customary Laws: Customary laws must be applied first in disputes.
Original Jurisdiction: Authority to hear and decide cases for the first time.

RHOs have original jurisdiction over disputes among parties from the same ICC/IP group, including claims and violations of RA 8371 provisions.
Disputes must first exhaust customary remedies; a certification from Council of Elders/Leaders is required before filing.
CEB has original jurisdiction over cancellation of CADTs/CALTs filed within one year from registration.
NCIP can promulgate rules, administer oaths, summon witnesses, impose contempt penalties, and enjoin acts related to cases.

Exhaustion of customary dispute resolution is a prerequisite to filing cases with NCIP.
A Certificate of Non-Resolution (CNR) from elders/leaders is required.
If no council exists or refuses mediation, accredited mediators or NCIP officers conduct mediation.
Failure to settle necessitates certificate from mediator.

Complaints/petitions are filed with CEB, RHO, or nearest NCIP office.
Filing interrupts prescriptive periods.
Cases involving lands in multiple regions are filed at RHO where the greater portion is located.
Complaints/petitions are transmitted to CEB or RHO within 10 days.
CEB may create Special Hearing Offices as alternative venues.

Any interested persons may file cases; community cases must have authorized representatives.
Indigent ICCs/IPs litigants may be exempted from payment of fees and bonds.

Allowed pleadings: complaint/petition and answer, both verified.
Complaint must clearly state jurisdiction, claims, parties, ICC/IP groups, and non-forum shopping.
Answers must contain affirmative/negative defenses.
Motions for relief other than pleadings may be granted without hearing if evident.
Motions to dismiss only allowed on jurisdictional grounds, prescription, or res judicata; otherwise treated as answers.

Cases assigned a number and orders issued directing respondents to answer in 15 days.
Service accomplished personally or by registered mail/private courier, with proof required.
Failure to answer leads to ex-parte proceedings.
Conference of Parties (COP) scheduled to explore settlement under customary laws, define issues, evidence, witnesses, and hearings.
Settlements result in judgment based on customary law or compromise.
Position papers and judicial affidavits regulate evidence presentation.
ICC/IP evidence presented as per customs and traditions.
Hearings may be conducted outside offices.
Amicus curiae opinions sought for customary law matters.
Judgment to be rendered within 90 days after submission.
Motions for reconsideration allowed once within 15 days.
Judgments become final 15 days after denial of reconsideration if no appeal.
Execution of final judgments governed with respect to customary laws.
Appeals to CEB filed within 15 days; indigents exempted from appeal fees.

CEB dockets appeals and notifies members.
Appellant and appellee file memoranda with proof of service.
Appeal decided on record and memoranda; new evidence generally barred except newly discovered.
Simple majority quorum and vote for decisions.
Decisions rendered within 90 days.
Motions for reconsideration allowed once within 15 days.
Appeals from CEB are to the Court of Appeals via certiorari petition.
Execution of final appeals remanded to RHO.

Petition for cancellation filed verified in triplicate with non-forum shopping certification.
Dismissal possible if petition is clearly without merit.
Service of order and proof required.
Decision may be rendered based on pleadings and memoranda.
Failure to answer results in ex-parte evidence reception.
Prayers for reconveyance disallowed; proper procedures under Omnibus Rules apply.
CEB may refer for hearing to RHO.
RHO elevates record to CEB within 30 days; decision within 90 days.
Motions for reconsideration and appeals to Court of Appeals allowed.

Technical rules of evidence not binding; flexible, expeditious approach applied.
Oral traditions, history, and unwritten customs admissible if relevant and established by experts or amicus curiae.
Credibility linked to recognized community elders/leaders.
Testimonies of elders may be perpetuated through depositions or customary modes.
Witnesses may affirm truthfulness per ICCs/IPs traditions.
ICC/IP experts may present evidence; their opinions on customary law prevail over anthropologists.
Substantial evidence required.

NCIP may issue subpoenas for attendance and document production.
Service personal, registered mail or courier.
Non-appearance without cause constitutes contempt unless justified per customary law.

Direct contempt: summary punishment by CEB or RHO for obstruction, disrespect, refusal to testify.
Fines and imprisonment scaled to CEB or RHO level.
Indirect contempt follows Revised Rules of Court procedurally.
Appeals of indirect contempt from RHO to CEB allowed with bond and no stay of main case.

TRO/WPI may be issued to prevent irreparable harm.
Ex parte TRO allowed for 72 hours; total TRO period not exceeding 20 days.
Show cause and decision on preliminary injunction within TRO period.
Grounds for dissolving TRO/WPI include insufficiency or damage to enjoined party with reasonable compensation.
Injunctive bonds required except for indigents.

Filing fees vary by type of case and community involvement.
Additional fees for TRO/WPI applications and claims for damages based on claim amount.
Fees for transcripts, certifications, and service of orders or subpoenas prescribed.
Sheriff’s expenses reimbursed and cost taxed to losing party.
Indigent litigant provisions apply.

Rules of Court apply suppletorily if consistent.
Separability clause ensures unaffected provisions remain valid if others are invalidated.
Repeals inconsistent earlier issuances.
Takes effect 15 days after publication.

Approved by NCIP Commissioners and Chairperson on April 18, 2018, Quezon City, Philippines.