February 15, 1993

PART IV
DISPOSITION OF ACTIONS OR PROCEEDINGS

Rule 17
Hearings

      Section 1. Notice of Hearing. - After the issues have been joined, the case shall be set for hearing and the parties, thru counsel, shall be served, personally or by registered mail, giving sufficient time for the notice thereof to be received by the parties not less than three (3) days before the date set. Whenever necessary, telegraphic notices shall be sent simultaneously with the formal notice of hearing.

      Sec. 2. Order of Hearing. - Unless the Commission or the Division, as the case may be, for special reasons, directs otherwise, the order of hearing shall be as follows:

1. The petitioner or protestant shall present evidence on his part;
   
   
2. The protestant-in-intervention, if any, shall present evidence on his part;
   
   
3. The respondent or protestee shall then offer evidence in support of his defense or counter-protest, if any;
   
   
4. The parties may then respectively offer rebutting evidence only, unless the Commission or the Division, as the case may be, for good reasons, in the furtherance of justice, permits them to offer evidence upon their original case;
   
   
5. When the evidence is concluded, unless the parties agree to submit the case without arguments, the parties or their counsel may be allowed to argue, subject to such limitation of time as the Commission or the Division may prescribe;
   
   
6. In lieu of oral arguments, the parties may be allowed to submit their respective memoranda within a period of three (3) days.

      Sec. 3. Oral Testimony Dispensed with Where Proceedings are Summary.- When the proceedings are authorized to be summary, in lieu of oral testimonies, the parties may, after due notice, be required to submit their position paper together with affidavits, counter-affidavits and other documentary evidence; and when there is a need for clarification of certain matters, at the discretion of the Commission or the Division, the parties may be allowed to cross-examine the affiants.

      This provision shall likewise apply to cases where the hearing and reception of evidence are delegated by the Commission or the Division to any of its officials; and when there is a need for clarification of certain matters, the hearing officer may schedule a hearing to propound clarificatory questions, observing for that purpose Section 6 of Rule 34 of these Rules.

      Sec. 4. Period to Terminate Hearing When Delegated.- The hearing and reception of evidence, when delegated by the Commission or a Division to any of its officials, shall be completed within three (3) days. The official concerned shall submit his findings, report and recommendation to the Commission or the Division within three (3) days from such completion.

      Sec. 5. Agreement on Facts. - The parties to any action may agree in writing on the facts involved in the case.
 

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