Legal basis for adopting the paper rule
- The Commission is an independent quasi-judicial regulatory body created under Section 38 of Republic Act No. 9136 (the Electric Power Industry Reform Act of 2001 or EPIRA).
- The Commission is empowered to issue rules essential to discharge its functions under Section 4 (o), Rule 3 of the EPIRA Implementing Rules and Regulations (IRR).
- The resolution adopts the Efficient Use of Paper Rule promulgated by the Supreme Court on November 13, 2012 under A.M. No. 11-9-4-SC.
- The resolution provides that the adopted paper rule shall form part of the Commission’s Rules of Practice and Procedure.
Purpose: efficient paper use
- The Efficient Use of Paper Rule requires efficient use of paper by all courts and quasi-judicial agencies under administrative supervision of the Supreme Court.
- The rule aims to cut the judicial system’s use of excessive quantities of costly paper, save forests, avoid landslides, and mitigate the worsening effects of climate change.
- The Commission adopts the same efficient paper requirements for Commission proceedings through amendments to the Commission’s rules.
Scope: what the rule covers in ERC proceedings
- Commission-bound papers filed with the Commission must comply with the paper format and style requirements set under the resolution.
- Commission-bound papers include pleadings, motions, reports, and similar papers filed with the Commission.
- The resolution also covers decisions, resolutions, orders, and transcript of stenographic notes issued by the Commission.
- The rule applies to proceedings before the Commission where documents are filed and served under the Commission’s service rules.
- The service requirements apply to all documents filed in any proceeding before the Commission and to parties impleaded or admitted by the Commission.
Form, style, margins, and copies requirements
- Amended Section 2, Rule 3 requires that all Commission-bound papers and all Commission-issued decisions, resolutions, orders, and transcript of stenographic notes be written in single space with one-and-a-half space between paragraphs.
- Amended Section 2, Rule 3 requires use of 14-size Arial font and printing on 13-inch by 8.5-inch white bond paper.
- Amended Section 2, Rule 3 requires footnotes to be single-spaced.
- Amended Section 2, Rule 3 requires that every page of Commission-bound papers be consecutively numbered.
- Amended Section 2, Rule 3 mandates the following margins on Commission-bound papers:
- Left hand margin: 1.5 inches from the edge
- Upper margin: 1.2 inches from the edge
- Right hand margin: 1.0 inch from the edge
- Lower margin: 1.0 inch from the edge
- Amended Section 2, Rule 3 requires Commission-bound papers, together with annexes thereto, to be fastened only on the left side.
- Amended Section 2, Rule 3 requires filing, unless otherwise directed, of an original and two (2) copies of Commission-bound papers with annexes.
- Amended Section 2, Rule 3 allows reproductions by any process provided that all copies are clear and permanently legible.
Service of filed documents; annexes and timing
- Amended Section 1, Rule 10 provides that, subject to Rule 4 on Confidential Information, a copy of all documents filed in any proceeding before the Commission must be served upon all other parties impleaded or admitted by the Commission.
- Amended Section 1, Rule 10 requires that if a party appears after the original documents have been filed, a copy of all papers previously filed must be furnished to such party upon its request.
- In serving documents, a party need not enclose copies of annexes that, based on the Commission’s record, the adverse party already has in his possession.
- If a party requests a set of annexes actually filed with the Commission, the party who filed the paper must comply with the request within five (5) days from receipt.
Effective date and effect on Commission rules
- The resolution adopts the Efficient Use of Paper Rule promulgated by the Supreme Court on November 13, 2012 (A.M. No. 11-9-4-SC) as part of the Commission’s Rules of Practice and Procedure.
- The resolution amends Section 2, Rule 3 (Form and Style; Margins and Prints; Copies to be Filed; Annexes Served on Adverse Party).
- The resolution amends Section 1, Rule 10 (Service Upon Parties).
- The resolution takes effect immediately following its publication in a newspaper of general circulation in the Philippines.