Law Summary
Nature of Proceedings Before CAS
- Proceedings are non-litigious and conciliatory in nature until the case proceeds to formal hearing.
Termination of Pre-Hearing Conferences
- Pre-hearing conferences aim for amicable settlement.
- If no settlement is possible, the CAS Hearing Officer terminates the proceedings.
- A report summarizing the proceedings, pleadings, and evidence is submitted to the Commission.
- An Order is issued to set the case for formal hearing, indicating whether summary procedure applies and specifying the issues to be resolved.
Violation of Amicable Settlement Terms
- Failure to observe terms and conditions of amicable settlement allows the aggrieved party to file a complaint for violation before the ERC.
Summary Procedure (Rule VI)
- Coverage: Applicable at ERC's discretion for consumer complaints where:
- Amount involved does not exceed P200,000.00;
- Issues incapable of pecuniary estimation or violations of specific provisions of the Magna Carta for Residential Consumers involving notices, meter testing, power interruptions, meter installations, investigations of complaints, or reconnections;
- Other cases as determined by the Commission.
- Commission's Duty:
- May dismiss cases outright if grounds for dismissal are apparent.
- Otherwise, issues an Order applying summary procedure, defining issues to resolve, and directing submission of affidavits, position papers, and evidence.
- Submissions: Parties must submit affidavits, witness affidavits, and position papers within 10 working days from Order receipt.
- Prohibited Pleadings and Motions:
- Motions for extension unless compelling reason is shown;
- Memoranda;
- Dilatory motions for postponements.
- Judgment:
- Rendered within 45 working days after last submissions or expiry of filing period.
- May require clarifications within this period, with 10 working days to respond.
- Final judgment rendered within 30 working days after last clarification or 45-day period, whichever is later.
Formal Hearings Procedure (Rule VII)
- Applies to consumer complaints not covered by summary procedure (Rule VI).
- Governed by the Rules of Practice and Procedure Governing Hearings Before the Energy Regulatory Board.
Renumbering and Effectivity
- Subsequent Rules renumbered accordingly.
- Separability Clause ensures remaining provisions remain operational if any part is invalidated.
- Amendments take effect 15 days after publication in a newspaper of general circulation.