Resolution 01-1112

A Resolution Approving the Revisions of the Rules of Court WHEREAS, upon the ratification of the 2005 XU-CSG Constitution, there exists a Supreme Constitutional Court that shall be responsible for the strict observance of the CSG and Council Constitutions. WHEREAS, the same has the sole authority to promulgate rules concerning the protection and enforcement of constitutional rights and procedure in courts. WHEREAS, in pursuance to the above stated powers and responsibilities, the Supreme Constitutional Court has revised the 2008 Rules of Court to clearly articulate the rules to be followed in and before the Court. THEREFORE BE IT APPROVED by the Supreme Constitutional Court sitting en banc the revisions of the Rules of Court. Done this 6th day of June, 2011 at the Office of the Supreme Constitutional Court, StC 603, Xavier University Main Campus.

Gaszer Uson Associate Justice, ACES

Franko Ray Santos Associate Justice, SBMSC

Ascension May Abuzo Associate Justice, UNITASS

Paolo Sumalpong Associate Justice, CONUS

Japheth Lavatorio Associate Justice, CITSC

Aurille Joseph Intia Associate Justice, TG

Angelica Joy Galendez Associate Justice, ASC

Reonel Labay Associate Justice, CSSC

Jun Rangie Obispo Chief Justice

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Administrative Matter 01-1112

RULES OF COURT
Pursuant to the provisions of Article VIII of the XU-CSG Constitution, the Supreme Constitutional Court hereby adopts and promulgates the following rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts: PART I General Provisions and Principles Rule 1 The Rules of Court Section 1 Section 2 Title. These rules shall be known and cited as the Rules of Court. Purpose. The purpose of the Rules of Court shall be to outline the rules of procedures for the proceedings and other general provisions for the Supreme Constitutional Court. These Rules shall be liberally construed in order to promote their objective of securing a just and speedy disposition of action and proceeding. Applicability. These Rules of Court shall apply in all courts, except otherwise provided by the Supreme Constitutional Court. Jurisdiction over the Rules. The XU-CSG Supreme Constitutional Court shall have exclusive jurisdiction over the interpretation of these Rules of Court. Separability Clause. Should any of the provisions herein be declared unconstitutional, the same shall not affect the validity of other provisions. Repealing Clause. All laws, decrees, orders, rules or parts thereof inconsistent herewith are hereby repealed. Effectivity Clause. These rules shall take effect upon its approval of the majority of the members of the Supreme Constitutional Court.
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Rule 2 Composition of the Supreme Constitutional Court Section 1 The Supreme Constitutional Court is composed of the Chief Justice, and the Associate Justices from different College Councils. Rule 3 Rule of Law Section 1 The Supreme Constitutional Court shall use all applicable laws in making their decisions. This shall include all executive and legislative policies, all University regulations, and all local and national rules, regulations, and legislation. Clear and unambiguous provisions shall be interpreted in its plain and general meaning. Unclear and ambiguous provisions shall be interpreted in accordance to the intent of the drafters. Rule 4 Neutrality Section 1 Having an unbiased, impartial judiciary branch is of the utmost importance to the Central Student Government. It is only by having a neutral judiciary branch will equitable and just decisions be made. It is in this spirit that these provisions are outlined: a) Justices are obliged to uphold the ethical principles outlined in the XU-CSG Code of Ethics and to act in good faith throughout all facets of their positions. b) Justices, collectively as a Supreme Constitutional Court or individually, are not permitted to take a stance with the exception of voting in an election, either in the affirmative or in the negative, on XU-CSG Directorate legislation, Executive Level policies, election for candidates or any other issue submitted for student vote in the form of a referendum or plebiscite. c) Justices, either collectively as a Supreme Constitutional Court or individually, are not permitted to search for issues of which to resolve.

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PART II Internal Rules Rule 5 Treatment of Requests, Petitions, and Communications Section 1 Requests, petitions, pleadings and communications shall be addressed to the: Supreme Constitutional Court Central Student Government Xavier University Ateneo de Cagayan Section 2 It shall be immediately referred to the Justices or individuals concerned by the Judicial Secretary or the Clerk of Court. Rule 6 Operating Structures Section 1 Exercise of judicial and administrative functions. The Supreme Constitutional Court exercises its judicial functions and its powers of administrative supervision over all courts and their personnel through the Court en banc or its Divisions. It administers its activities under the leadership of the Chief Justice, who may, for this purpose, constitute supervisory or special committees headed by individual Members of the Court. Quorum of the Court en banc. Eight Members shall constitute a quorum of the Court. In the absence of the Chief Justice, the most senior Associate Justice present shall chair the sessions of the Court. Court en banc matters and cases. The Supreme Constitutional Court en banc shall act on the following matters and cases: a) cases in which the constitutionality or validity of any enactments, resolutions, law, executive order, presidential decree, or regulation is in question; b) cases involving decisions, resolutions, and orders of the Electoral Commission, Students Rights and Welfare Commission, and the Commission on Audit; c) major CSG and Council administrative cases. d) cases involving the discipline of a Member of the Court, or a Presiding Justice, or any Associate Justice or Judicial Officer of the appellate courts; e) cases where a doctrine or principle laid down by the Court en banc or by a Division may be modified or reversed;
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f) cases that the Court en banc deems so sufficient importance to merit its attention; and g) all matters involving policy decisions in the administrative supervision of all courts and their personnel. Section 4 Division cases. All cases and matters under the jurisdiction of the Court not otherwise provided for by law, or by these Rules of Court to be cognizable by the Court en banc shall be cognizable by the Divisions. Composition and quorum of a Division. Unless the Court en banc decrees otherwise, a quorum shall consist of a majority of all the Members of the Division, and an absent or a non-participating regular Member of a Division may be replaced at the request of the regular Members by a Member designated from another Division in order to constitute a quorum. Committees. The Court shall have the following permanent Committees, whose members shall be designated by the Chief Justice: a) Committee on the Revision of the Rules of Court responsible for any amendments to, or revisions of these Rules of Court. b) Committee on Administrative Concerns monitors administrative functions of the Supreme Constitutional Court, Council Court of Justice, Organizational Circuit Courts, and Student Judicial Courts. c) Committee on Publication and Public Information responsible for publications of the Supreme Constitutional Court, if any, and information dissemination. d) Ethics Committee has the task of preliminarily investigating all complaints involving graft and corruption and violations of ethical standards, including anonymous complaints, filed against Members of the Court, and of submitting findings and recommendations to the en banc. All proceedings shall be completely confidential. The Ethics Committee shall be headed by the Chief Justice. Per curiam decisions. Unless otherwise requested by the Member assigned to write the opinion of the Court, the decision or resolution shall be rendered per curiam where the penalty imposed is dismissal from service or suspension in administrative cases, or in any other case by agreement of the majority of the members or upon request of a member.

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Rule 7 Exercise of Judicial Function Section 1 The Supreme Constitutional Court a court of law. The Court is a court of law. Its primary task is to resolve and decide cases and issues presented by litigants according to law. However, it may apply equity where the court is unable to arrive at a conclusion or judgment strictly on the basis of law due to a gap, silence, obscurity or vagueness of the law that the Court can still legitimately remedy, and the special circumstances of the case. The Court not a trier of facts. The Court is not a trier of facts; its role is to decide cases based on the findings of fact before it. Where the Constitution, the law or the Court itself, in the exercise of its discretion, decides to receive evidence, the reception of evidence may be delegated to a Member of the Court, to either the Clerk of Court or one of the Division Clerks of Court, or to one of the appellate courts or its justices who shall submit to the Court a report and recommendation on the basis of the evidence presented. Advisory opinions proscribed. The Court cannot issue advisory opinions on the state and meaning of laws, or take cognizance of moot and academic questions, subject only to notable exceptions involving constitutional issues. Cases when the Court may determine factual issues. The Court shall respect the factual findings of lower courts, unless any of the following situations is present: a) the conclusion is a finding grounded entirely on speculation, surmise and conjecture; b) the inference mad e is manifestly mistaken; c) there is grave abuse of discretion; d) the judgment is based on a misapprehension of facts; e) the findings of fact are conflicting; f) the collegial appellate courts went beyond the issues of the case, and their findings are contrary to the admissions of both appellant and appellee; g) said findings of fact are conclusions without citation of specific evidence on which they are based; h) the facts set forth in the petition as well as in the petitioner s main and reply briefs are not disputed by the respondents; i) the findings of fact of the appellate courts are premised on the supposed evidence, but are contradicted by the evidence on record; and j) all other similar and exceptional cases warranting a review of the lower courts findings of fact.
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Rule 8 Exercise of Administrative Function Section 1 Disciplinary cases against Court personnel. Administrative supervision of courts and court personnel shall be undertaken by the Court en banc , provided that, in appropriate cases, such function may be undertaken by the Divisions. Assisting offices in the exercise of administrative function. In the discharge of its administrative functions, the Court shall be assisted by the Office of the Clerk of Court in administrative matters and cases involving the Court and the collegial appellate courts, and by the Office of the Court Administrator in administrative matters and cases involving the lower courts. Administrative functions of the Court. The administrative functions of the Court en banc consist of, but are not limited to, the following: a) the discipline of justices, judges and court personnel, whether by en banc or by Division, subject to matters assignable to the Divisions, disciplinary matters involving justices, judges and court personnel; b) the amendment, modification or revocation of administrative orders and circulars issued by the Court; and c) the policy consideration and determination of matters and issues. Rule 9 Precedence and Protocol Section 1 Concept. The Chief Justice enjoys precedence over all the other Members of the Court in all official functions. The Associate Justices shall have precedence according to the order of their appointments as officially transmitted to the Supreme Court. When rule on precedence is applicable. The rule on precedence shall be applied in the following instances: a) in the determination of the Chairpersonship of the Division; and b) in the seating arrangement of the Justices in all official functions. When rule on precedence is not applicable. Precedence in rank shall not be observed in social and other non-official functions or be used to justify discrimination in the assignment of cases, or forms of remuneration, if any.

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Rule 10 Filing, Receiving, and Processing of Initiatory Pleadings and Appeals Section 1 Governing rules of procedure in appeals or petitions filed in the Supreme Constitutional Court. All appeals or petitions and pleadings that initiate an application for relief shall be filed with the Court only in accordance with the procedure provided by these Rules of Court and other issuances of the Court. Reception of pleadings and other documents. All appeals and petitions in all types of cases, and original records in criminal cases shall be filed with and received by the Clerk of Court during office hours at the Office of the Supreme Constitutional Court, or at other times and venues permitted by the Chief Justice. Docket number and entry in logbook. An initiatory pleading properly filed shall be assigned a docket or G. R. (General Register) number, which shall identify the case for record purposes until its termination under these Rules of Court. All initiatory pleadings shall be entered in the logbook of the Supreme Constitutional Court. Classification of cases. The Clerk of Court shall preliminarily classify the petitions and appeals filed as en banc or as Division cases in accordance with law. Recording of cases in the main docket book. The case shall be recorded in the main docket book of the Supreme Constitutional Court, where all pleadings, motions, communications, resolutions, the decision, the entry of judgment, and all relevant information on a particular case shall be recorded. The personnel charged with making entries in the main docket book of the said pleadings and other information shall affix his or her initials after such entries. The rollo for each case. All original pleadings and other documents filed under the same docket number shall be encased in an envelope indicating the docket number, the title of the case, the date of filing, the date of submission for decision, and the nature of the case. The pages of the pleadings and other documents shall be consecutively numbered and inserted. Rule 11 Recusal, and Substitution of Members of the Court Section 1 Grounds for recusal. A Member of the Court shall inhibit himself or herself from participating in the resolution of the case for any of these and similar reasons: a) the Member of the Court was the ponente or writer of the decision or participated in the proceedings in the appellate court;
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b) the Member of the Court is a relative up to the third (3rd) degree to either the petitioner or the respondent. A Member of the Court may in the exercise of his or her sound discretion, inhibit himself or herself for a just or valid reason other than any of those mentioned above. The inhibiting Member must state the precise reason for the inhibition. Section 2 Motion to recuse a Division or a Member of the Court. A motion for inhibition must be in writing and under oath and shall state the grounds therefor. Effects of recusal. The consequences of recusals of a Member of the Court shall be governed by these rules: a) whenever a Member of the Division recuses on any of the grounds, the case shall be decided by the remaining Members of the Division. b) Whenever two (2) or more Members of the Division recuse themselves, they shall be replaced by other Members of the Court from another Division. Determination of replacement shall be done by the recusing Justice. Substitution of Member. When a Member of the Court is on leave or a vacancy occurs in a Division, another Member from the other Divisions shall be designated by the Chief Justice by rotation, according to a reverse order of seniority, to act as Member of the Division until the regular Member reports back to work or a newly appointed Member assumes office, as the case may be. Rule 12 Court Sessions and Hearings Section 1 Court sessions. The Court en banc shall hold sessions once a month. The Divisions may meet twice a month or as they may deem necessary. Special sessions may be held whenever necessary. In every session, proceedings shall follow the agenda of cases and matters to be taken up. Actions taken during sessions shall be duly reflected in the minutes of the proceedings and must be recorded in the Supreme Constitutional Court logbook. Confidentiality of court sessions. Court sessions are executive in character, with only the Members of the Court present. Court deliberations are confidential and shall not be disclosed to outside parties, except as may be provided herein or as authorized by the Court. The Chief Justice or the Presiding Justice of a Division shall record the action or actions taken in each case for transmittal to the Clerk of Court or Division Clerk of Court after each session. The notes of the Chief Justice and the Division Chairperson, which the Clerk of Court and the Division Clerks of Court must treat with strict confidentiality, shall be the bases of the minutes of the sessions.
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Oral arguments. The Court may hear any case on oral argument upon defined issues. The petitioner shall argue first, followed by the respondent and the rebuttals and surrebuttals. If necessary, the Court may invite amicus curiae to speak. Transcripts of hearings, recording of oral arguments. Oral arguments shall be recorded by the Judicial Secretary. Such records shall be used during the deliberation of the Justices and must be entered in the Supreme Constitutional Court logbook. Rule 13 Agenda and Minutes of Court Sessions

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Agenda. The Clerk of Court and the Division Clerks of Court, if any, shall ensure that all pleadings, communications, documents, and other papers duly filed in a case shall be reported in the Agenda for consideration by the Court en banc or the Division. The Agenda items for each case shall adequately apprise the Court of relevant matters for its consideration. Transcriber of the minutes of meeting or sessions. The Judicial Secretary shall keep the minutes of all the proceedings of the Supreme Constitutional Court. Contents. The Minutes of Meeting shall contain the following; a) the members present; b) the members absent; c) the date and venue; d) the time convened and adjourned; e) the motions, resolutions and enactments approved; and f) the initiators of motions, those who seconded, those who were against and abstained on each motion, resolution, and enactment passed and approved. Readings of minutes of previous session. The readings of the minutes of the previous sessions may be dispensed with a unanimous consent of the body. Rule 14 Voting Requirements

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Voting requirements for decisions of Court en banc. All decisions and actions in Court en banc cases shall be made upon the concurrence of the majority of the Members of the Court who actually took part in the deliberations on the issue or issues involved and voted on them.
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Voting requirements for decisions of Divisions of Court. All decisions and actions in Division cases shall be made upon the concurrence of the majority of the Members of the Division who actually took part in the deliberations on the issue or issues involved and voted on them. Tie voting in the Court en banc. In all cases, including special proceedings, where the Court en banc is equally divided in opinion or the necessary majority vote cannot be had, the Chief Justice shall exercise its voting power to break the tie. Rule 15 Decision-making Process

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Period for deciding or resolving cases. The Supreme Constitutional Court shall decide or resolve all cases within ten (10) from the date of submission for resolution. A case shall be deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum that the Court or these Rules require. Ponente or Opinion writer. Immediately upon arriving at a conclusion regarding the issue or issues in the case, the Court shall assign a Member to write the opinion of the Court. Should the majority vote of the Court on such conclusion be different from or contrary to the conclusion arrived at by the ponente, the writing of the new opinion shall be assigned to a ponente chosen by the majority. Rule 16 Handling and Dissemination of Decisions and Resolutions

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Promulgation. A decision or resolution shall be deemed promulgated on the time it has been signed by the Members of the Court. Report of promulgation. As soon as there has already been the promulgation of a decision or resolution, the Clerk of Court or the Division Clerk of Court shall formally inform all members of the Supreme Constitutional Court of such promulgation. Service and dissemination of decisions and signed resolutions. The Clerk of Court or the Division Clerk of Court shall see to the service of authenticated copies of the promulgated decision or signed resolution upon the parties in accordance with the provisions of these Rules of Court. Safekeeping of original hard copy of decisions or resolutions. As soon as hard copies of the decisions or resolutions have been served on the parties and disseminated in accordance with these Rules, the Clerk of Court shall keep the hard copy in the rollo
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of the case. Section 4 Publication of decisions and resolutions. The Supreme Constitutional Court may publish the decision or resolution to bulletin boards, the internet, or other means necessary or applicable upon its discretion. Copies of decisions or resolutions may be available upon request if the Court approves such request. Rule 17 Amendments and Suspension of Rules Section 1 In the interest of sound and efficient administration of justice, any provision of the Rules of Court may be amended, revised, deleted, suspended or dispensed with in particular cases, upon such terms as the Court en banc may decide to be just, fair and proper. A motion to amend, revise, delete, suspend, or dispense any provision in these Rules of Court shall require a majority vote of the members present. PART III Rules of Procedures Rule 18 Uniform Procedure in Lower Courts Section 1 Section 2 The procedure in all Council Courts of Justice shall be uniform. The procedure in the Organizational Circuit Courts and Student Judicial Courts. Rule 19 Kinds of Pleadings Section 1 Definition. Pleadings are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment. Complaint. The complaint is the pleading alleging the petitioner s cause or causes of action. a) Complaints shall not be made anonymously or on behalf of another person or organization. b) All issues brought to the Supreme Constitutional Court shall be initiated by the filing of a complaint by the petitioner to the Office of the Supreme Constitutional Court.
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Answer. An answer is a pleading in which a defending party sets forth his defenses. Counterclaim. A counterclaim is any claim which a defending party may have against an opposing party. Cross-claim. A cross-claim is any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant. Reply. A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters. If a party does not file such reply, all the new matters alleged in the answer are deemed controverted. Rule 20 Parts of a Pleading

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Caption. The caption sets forth the name of the court, the title of the action, and the docket number assigned by the Supreme Constitutional Court Clerk of Court. The title of the action indicates the names of the parties. Body. The body of the pleading sets forth its designation, the allegations of the party s claims or defenses, the relief prayed for, and the date of the pleading. a) Paragraphs. The allegations in the body of a pleading shall be divided into paragraphs so numbered as to be readily identified, each of which shall contain a statement of a single set of circumstances so far as that can be done with convenience. A paragraph may be referred to by its number in all succeeding pleadings. b) Headings. When two or more causes of action are joined, the statement of the first shall be prefaced by the words first cause of action, of the second by second cause of action, and so on for the others. When one or more paragraphs in the answer are addressed to one of several causes of action in the complaint, they shall be prefaced by the words answer to the first cause of action or answer to the second cause of action and so on; and when one or more paragraphs of the answer are addressed to several causes of action, they shall be prefaced by words to that effect. c) Relief. The pleading shall specify the relief sought, but it may add a general prayer for such further or other relief as may be deemed just or equitable. d) Date. Every pleading shall be dated.
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Signature. Every pleading must be signed by the party or counsel representing him. Other Pertinent Details. The pleadings must as well contain pertinent details such as course and year, contact details, etc. Rule 21 Filing and Service of Pleadings, Judgments, and Other Papers

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Coverage. This Rule shall govern the filing of all pleadings and other papers, as well as the service thereof. Filing, defined. Filing is the act of presenting the pleading or other paper to the clerk of court. Service, defined. Service is the act of providing a party with a copy of the pleading or paper concerned. Manner of Filing. The filing of pleadings, appearances, motions, notices, orders, judgments and all other papers shall be made by presenting the original copies thereof, plainly indicated as such, personally to the Clerk of Court. The clerk of court shall endorse on the pleading the date and hour of filing. Papers required to be filed and served. Every judgment, resolution, order, pleading subsequent to the complaint, written motion, notice, appearance, demand, offer of judgment or similar papers shall be filed with the court, and served upon the parties affected. Proof of service. Proof of service shall consist of a written admission of the party served, or the official return of the server, or the affidavit of the party serving, containing a full statement of the date, place and manner of service. Rule 22 Summons

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Clerk to issue summons. Upon the filing of the complaint, the Clerk of Court shall forthwith issue the corresponding summons to the respondents. Contents. The summons shall be directed to the respondent, signed by the clerk of court under seal, and must contain: a) the name of the court and the names of the parties to the action;
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b) a direction that the respondent answer within the time fixed by these Rules; c) a notice that unless the respondent so answers, petitioner will take judgment by default and may be granted the relief applied for. Section 3 Section 4 By whom served. The summons may be served by the Bailiff. Return. Upon completed service, the Bailiff shall immediately serve a copy of the return personally to the petitioner, and shall return the summons of the Clerk of Court, accompanied by proof of service. Rule 23 Dismissal of Actions Section 1 Voluntary Dismissal, effect thereof. a) Stipulation by petitioner. An action may be dismissed by the petitioner without order of court through the following: i. by filing notice of dismissal at any time before service by the adverse party of an answer; or ii. by filing a stipulation of dismissal signed by all parties who have appeared in the action. b) By Order of Court. An action shall not be dismissed at the petitioner's instance save upon order of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a respondent prior to the service upon the respondent of the petitioner's motion to dismiss, the action shall not be dismissed against the respondent's objections unless the counterclaim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice. Involuntary Dismissal, effect thereof. For failure of the petitioner to prosecute or to comply with these rules or any order of court, a respondent may move for dismissal of an action or of any claim against the respondent. Unless the court in its order for dismissal otherwise specifies, a dismissal under this subdivision and any dismissal not provided for in the rules, other than a dismissal for lack of jurisdiction, for improper venue, operates as an adjudication on the merits. Rule 24 Default Judgment Section 1 If the respondent cannot be successfully served, or fails to appear at a proceeding after being served, the petitioner may move for a default judgment.
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At the request of a default judgment, the Supreme Constitutional Court shall allow the petitioner to present their case. If the case is not dismissed on other grounds, the Supreme Constitutional Court shall enter a default judgment in favor of the petitioner, which shall take effect within three (3) days. Upon a finding of default judgment, the Chief Justice shall notify all interested parties. The respondent has two (2) days to respond to the default judgment. If the respondent responds to the posting of default judgment, he/she may move for an order vacating the judgment. a) Such respondent must present to the Supreme Constitutional Court his/her reasons of having been unsuccessfully served or failure to appear to the Court hearing. b) In the event the Supreme Constitutional Court grants the move for an order vacating the judgment, the respondent shall receive a copy of the judgment of the previous proceeding. The respondent may waive this right. c) The petitioner has the right to appear to the Court at the new proceeding. d) If the respondent fails to attend a second proceeding, the Supreme Constitutional Court may rule as it deems appropriate. Rule 25 Subpoena

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Subpoena and subpoena duces tecum. Subpoena is a process directed to a person requiring him to attend and to testify at the hearing or at any investigation conducted by competent authority, or for the taking of his deposition. It may also require him to bring with him any books, documents, or other things under his control, in which case it is called a subpoena duces tecum. Issuance of subpoena. The subpoena may be issued by: a) the court before whom the witness is required to attend; b) the officer or body authorized by law to do so in connection with investigations conducted by said officer or body; or c) any Justice of the Supreme Constitutional Court in any case or investigation pending in the XU-CSG. Forms and contents. A subpoena shall state the name of the court and the title of the action or investigation shall be directed to the person whose attendance is required, and in the case of a subpoena duces tecum, it shall also contain a reasonable
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description of the books, documents or things demanded which must appear to the court. Section 4 Section 5 Service. Service of a subpoena shall be made in the same manner as of summons. Personal appearance in court. A person present in court before a judicial officer may be required to testify as if he were in attendance upon a subpoena issued by such court or officer. Contempt. Failure by any person without adequate cause to obey a subpoena served upon him shall deemed a contempt of the court from which the subpoena is issued. Rule 26 Refusal to Answer Section 2 Contempt of court. If a party or other witness refuses to be sworn or refuses to answer any question after being directed to do so by the court of the place in which the deposition is being taken, the refusal may be considered contempt of that court. Rule 27 General Procedures in Hearings and Investigations Section 1 Complaint. Action shall commence upon filing of the original complaint in the Supreme Constitutional Court. Service. a) The Bailiff shall notify the respondent within seven (4) days from the receipt of the complaint. b) The notice must contain the following: i. a copy of the original complaint made by the petitioner; ii. date, time, and venue of the proceeding; and iii. penalties, if any, for failure to appear before the court. c) In the event the Bailiff cannot contact the respondent, the notice shall be personally served by the petitioner within three (3) days in the presence of a witness, preferably any member of the Students Rights and Welfare Commission. The petitioner should then return a proof of service. d) If the petitioner fails to service the respondent, he/she shall certify this in writing indicating the times, dates, and venues where he/she attempted to make services and reasons, if any, why service was unsuccessful.

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Answer. The respondent then shall write his/her response to such complaint within seven (7) days upon receipt thereof. If no answer is filed within the seven-day period, the respondent will be deemed to have waived his/her right to an answer. The respondent may verbally respond to the complaint at the hearing. Summon. The Chief Justice must notify the petitioner, respondent, and Directorate regarding the proceeding within seven (7) days upon the receipt of the respondent s answer. Proceedings. The case shall then be brought to hearing proper. a) The Chief Justice shall call the hearing to order once the Justices present are in quorum. b) Each side in the case shall have their oralists who will be the only ones to address the Justices, and to whom the Justices will address for their questions. c) Order of hearings and investigations are further outlined in Rule 5 of these Rules of Court. Notice of Decision. The decision of the Supreme Constitutional Court shall be given ten (10) days to give ample time to review all pertinent evidences and the court proceedings. A notice of decision will be sent out to release the results of deliberations and the final orders, resolutions, awards, or judgments. Rule 28 Order of Hearing and Investigations in the Supreme Constitutional Court

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Registration. Both the parties of the petitioner and the respondent shall register to the Bailiff. Introduction. Upon the arrival of the Chief Justice and the Associate Justices, the Bailiff shall inform everybody in courtroom to rise. After the Court has settled, the Bailiff shall then read the case brought to the Supreme Constitutional Court, and the names of the petitioner and respondent. Arguments from the petitioner. The petitioner shall present its case to the Court. The first oralist shall inform the Court on the time allotment for its first and second arguments, and its rebuttals. The petitioner is given at most forty-five (45) minutes to present its case, including the rebuttals. Each oralist is given at most twenty-five (25) minutes to speak. a) First argument. Once the first oralist has given the time allotment of their arguments, he shall proceed in presenting its arguments.
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b) Second argument. After the first oralist has spoken, he/she will give the floor to the petitioner s second oralist to present its arguments. Section 4 Argument from the respondent. After the arguments from the petitioner, the respondent shall present its case to the Court. The first oralist shall inform the Court on the time allotment for its first and second arguments, and its rebuttals. The respondent is given at most forty-five (45) minutes to present its case, including the surrebuttals. Each oralist is given at most twenty-five (25) minutes to speak. a) First argument. Once the first oralist has given the time allotment of their arguments, he shall proceed in presenting its arguments. b) Second argument. After the first oralist has spoken, he/she will give the floor to the respondent s second oralist to present its arguments. Recess. The Chief Justice, at his discretion, may call for a recess of at most ten (10) minutes. Rebuttals. Any oralist from the petitioner s side may give their rebuttals. Surrebuttals. Any oralist from the respondent s side may give their surrebuttals. Judgments. After the case has been deemed submitted, the petitioner, the respondent, and the spectators shall leave the court room to allow the Justices to start their deliberation. Rule 29 Order of Hearings and Investigations in the Council Courts of Justice Section 1 Section 2 The Presiding Justice shall call the hearing to order. Each side in the petition shall have a spokesperson who will be the only person to address Presiding Justice and to whom the Presiding Justice will address for his questions. The complainant will make an opening statement then a presentation of their case. The respondent will then proceed. At most ten (10) minutes shall be given for each side. A maximum period of one (1) hour is then allotted for rebuttals. The Presiding Justice reserves the right to ask questions at any period during the hearing as they deem fit. All questions shall be directed to the spokesperson.
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The decisions of the Council Courts of Justice shall be given after three (3) days to give ample time to review all pertinent evidences and the court proceedings. A notice of decision will be sent out to release the results of deliberations and the punishment.

Rule 30 Amicable Settlement in the Organizational Circuit Courts and Student Judicial Courts Section 1 The Presiding Judge shall conduct hearings & investigations moto propio or upon a written complaint filed by any interested party. For the purpose of resolving the case, the Presiding Judge may conduct mediation or arbitration. The Presiding Judge shall have the discretion to adopt rules & procedures pro hac vice. Report of session. Once a settlement has been reached, the Presiding Judge must submit a report to the Supreme Constitutional Court. Contents of mediation report. a) name of Court b) Presiding Judge and officials present c) case or issue being resolved d) name of disputants e) date, time, venue of mediation f) minutes of session g) resolution agreed h) other things deemed necessary by the mediator If no settlement is reached. If no settlement has been reached after the session, the Presiding Judge shall forward the case to the Supreme Constitutional Court for Organizational Circuit Courts, and the corresponding Council Court of Justice for Student Judicial Courts.

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Rule 31 Final Orders, Resolutions, Awards, Judgments, Decisions and Entry Thereof Section 1 Rendition. A judgment or final order determining the merits of the case shall be in writing personally and directly prepared by the Chief Justice or the Presiding
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Justice, stating clearly and distinctly the facts and the law on which it is based, signed by him, and filed with the Clerk of Court. Section 2 Entry. If no appeal or requests for relief is filed within the time provided by these Rules, the judgment or final order shall forthwith by entered by the Clerk of Court to the logbook of the Court. The date of the judgment shall be the date of entry to the logbook. A copy of the final judgment shall also be placed in the official rollo of the case. Forms. Every decision or final resolution of the court in appealed cases shall clearly and distinctly state the findings of fact and the conclusions of law on which it is based, which may be contained in the decision or final resolution itself, or adopted from those set forth in the decision, order, or resolution appealed from. Rule 32 Relief, Rehearing and Appeals Section 1 Requests for relief and appeals from final orders, resolutions, awards, judgments, or decisions of any court in all cases shall be filed within fifteen (15) days counted from the notice of the final order, resolution, award, judgment, or decision appealed from. Any appeals shall not prevent the orders, resolutions, awards, judgments, or decisions from being final or executory. Cases may be reheard for the following reasons: a) requested by the petitioner or the respondent; b) request of the XU-CSG Directorate; or c) at the discretion of the Supreme Constitutional Court. Petition. Requests for relief, rehearing and appeals must prove that the concerning party has suffered substantial injustice on one or more of the following grounds: a) unfair and inequitable decision of the Supreme Constitutional Court; b) judgment or final order is rendered by the Supreme Constitutional Court by fraud, accident, mistake, or excusable negligence; c) decision was against the weight of evidence; and/or d) acquisition of significant evidence that was not reasonably available at the time of hearing. Procedure. Petitions must be filed to the Clerk of Court stating its grounds for relief or appeals. The Supreme Constitutional Court in session will decide to grant such petition for relief or appeals. Parties must be duly noticed by the Bailiff regarding the decision of the Court within two (2) days.
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Rehearing. In the event that the Supreme Constitutional Court grants the request for rehearing, all concerned parties shall be duly notified regarding the time, date, and venue of the rehearing. All parties have the right to appear in the Court. Rule 33 Order of Regular Sessions in the Supreme Constitutional Court

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Registration. The persons who are to attend the meeting shall register for the purpose of record. This contains the following; a) Name b) Course and Year c) Designation/Council and Position d) Signature Introduction. Upon the arrival of Chief Justice, the Bailiff shall inform everyone to rise. a) Prayer. The assigned prayer leader shall lead everyone into prayer. After the prayer, the Assistant Chief Justice shall inform everyone to sit down. b) XU-CSG Supreme Constitutional Court Mission and Vision. The Bailiff shall then read the Mission and Vision of the Supreme Constitutional Court. c) Roll Call. The Judicial Secretary shall introduce the Justices and the judicial officers present in the session. Reports of the Secretary and Treasurer. The secretary shall read the minutes of the past session and shall report anything pertaining to the judiciary. The Treasurer shall then present to the members of the Supreme Constitutional Court financial matters. This part may be omitted through a majority of votes from the members of the Court present. Reports from the Council Associate Justices. The Associate Justices shall make a report about their council in matters pertaining to the following; a) Student Leadership b) Council Management c) Issues Session Proper. The sessions in the Supreme Constitutional Court may vary according to the agenda presented by any of the Justices present. Election. Respect for the opinions of the Justices is highly encouraged in this part of the proceeding. Each Justice shall have a privilege speech where he/she shall
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address everyone about his/her stand about the issues presented to the Court. The vote of the Justice shall represent the whole studentry and the council he/she is representing. Section 7 Resolution . The Chief Justice shall resolve the issues through a unanimous or a consensus decision from the Justices present. Adjournment. Once the Court has discussed all the agenda, the session may then be adjourned by the Chief Justice.

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Rule 34 Review of Judgments and Final Orders or Resolutions of the Electoral Commission, Students Rights and Welfare Commission, and the Commission on Audit Section 1 Scope. This Rule shall govern the review of judgments and final orders or resolutions of the Electoral Commission, Students Rights and Welfare Commission, and the Commission on Audit. Mode of review. A judgment or final order or resolution of the Electoral Commission, Students Rights and Welfare Commission, and the Commission on Audit may be brought by the aggrieved party to the Supreme Constitutional Court on certiorari. Time to file petition. The petition shall be filed within three (3) days from notice of the judgment or final order or resolution sought to be reviewed. Forms and contents of petition. The petition shall be verified and filed in three (3) legible copies. The petition shall name the aggrieved party as petitioner and shall join as respondents the Commission concerned and the person or persons interested in sustaining the judgment, final order or resolution a quo. The petition shall state the facts with certainty, present clearly the issues involved, set forth the grounds and brief arguments relied upon for review, and pray for judgment annulling or modifying the questioned judgment, final order or resolution. Findings of fact of the Commission supported by substantial evidence shall be final and nonreviewable. The petition shall be accompanied by a clearly legible duplicate original or certified true copy of the judgment, final order or resolution subject thereof, together with certified true copies of such material portions of the record as are referred to therein and other documents relevant and pertinent thereto. The requisite number
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of copies of the petition shall contain plain copies of all documents attached to the original copy of said petition. The petition shall further be accompanied by proof of service of a copy thereof on the Commission concerned and on the adverse party. The failure of petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal of the petition. Section 5 Order to comment. If the Supreme Court finds the petition sufficient in form and substance, it shall order the respondents to file their comments on the petition within two (2) days from notice thereof, otherwise, the Court may dismiss the petition outright. The Court may also dismiss the petition if it was filed manifestly for delay, or the questions raised are too unsubstantial to warrant further proceedings. Comments from respondents. The comments of the respondents shall be filed in three (3) legible copies. The original shall be accompanied by certified true copies of such material portions of the record as are referred to therein together with other supporting papers. The requisite number of copies of the comments shall contain plain copies of all documents attached to the original and a copy thereof shall be served on the petitioner. No other pleading may be filed by any party unless required or allowed by the Court. Section 7 Effect of filing. The filing of a petition for certiorari shall not stay the execution of the judgment or final order or resolution sought to be reviewed, unless the Supreme Court shall direct otherwise upon such terms as it may deem just. Submission for decision. Unless the Court sets the case for oral argument, or requires the parties to submit memoranda, the case shall be deemed submitted for decision upon the filing of the comments on the petition, or of such other pleadings or papers as may be required or allowed, or the expiration of the period to do so. Rule 35 Contempt Section 1 Direct contempt. A person guilty of misbehavior in the presence of or so near a court as to obstruct or interrupt the proceedings before the same, including disrespect toward the Court, offensive personalities toward others, or refusal to be sworn or to answer as a witness, or to subscribe an affidavit or deposition when lawfully
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required to do so, may be summarily adjudged in contempt by such court and punished by oral reprimand, written reprimand, and other punishments that the Court may deem just. Section 3 Indirect contempt to be punished after charge and hearing. After a charge in writing has been filed, and an opportunity given to the respondent to comment thereon within such period as may be fixed by the court and to be heard by himself or counsel, a person guilty of any of the following acts may be punished for indirect contempt: a) Misbehavior of an officer of a court in the performance of his official duties or in his official transactions; b) Disobedience of or resistance to a lawful writ, process, order, or judgment of a court; c) Any abuse of or any unlawful interference with the processes or proceedings of a court not constituting direct contempt under section 1 of this Rule; d) Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice; e) Assuming to be an officer of a court, and acting as such without authority; f) Failure to obey a subpoena duly served. Punishment. If the respondent is adjudged guilty of indirect contempt committed against a Council Court of Justice or the Supreme Constitutional Court, he may be punished by oral reprimand, written reprimand, suspension from office, and/or other punishment that the Court deems to be just.

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