Expedited Trial Procedure (Rule 9, Section 1)
- Hearing Officer must schedule cases for successive and continuous hearings for evidence presentation.
- Total time to complete evidence presentation is two (2) years.
- Complainant has 8 months from the first trial date in the Pre-Trial Order to present and offer evidence.
- After Complainant rests or after 8 months, they must file a formal offer of evidence within 10 days.
- Respondent may file comments or objections to the Complainant's offer within 10 days.
- Hearing Officer must resolve offers of evidence within 15 days following comments or expiration of the 10-day period.
- Respondent also has 8 months to present and offer evidence after initial presentation.
- Similar process of formal offer, comments, objections, and resolution applies to Respondent.
- Both parties get two (2) months each for rebuttal and sur-rebuttal without extensions.
- Formal offers of evidence and objections during rebuttal phases are to be resolved expeditiously.
Testimony via Deposition for Persons Residing Abroad
- Must manifest intention to take testimony abroad during the pre-trial; included in Pre-Trial Order.
- Answers to written interrogatories must be submitted within 6 months from issuance of letters commission.
- Answers or cross interrogatories may be submitted beyond the 8-month period if deposition exceeds 8 months, provided all other evidence presented on time.
Use of Judicial Affidavits
- Mandated to use judicial affidavits instead of direct testimony to expedite trials.
Suppletory Effect of Judicial Affidavit Rule
- Judicial Affidavit Rule applies as supplementary to these amended procedures.
Retroactive Application to Pending Cases
- Hearing Officers must apply these expedited procedures to cases filed before the amendment if pre-trial is pending.
- For cases already in evidence presentation stage prior to amendment, efforts must be made to terminate trial within two (2) years after effectivity of the amendments.
Effective Date
- Amendments shall take effect on August 1, 2017.
Repealing Clause
- All inconsistent prior issuances or rules are repealed or modified accordingly.
Separability Clause
- If any provision is declared unconstitutional or invalid, the rest remains effective and applicable.
Publication and Filing Requirements
- IPOPHL's Financial Management and Administrative Services Bureau tasked to publish the Circular in a newspaper.
- Certified copies to be filed with various government entities including UP Law Center, DTI, Senate, House of Representatives, Supreme Court, and National Library.