Erc Rules of Procedure
Erc Rules of Procedure
Erc Rules of Procedure
to the Commission. 1. 8.5 x 14 or 8.5 x 13, double-spaced, 1 ORIGINAL and 2 copies. 2. All pleadings should be VERIFIED with Certification against Forum Shopping. *the BOARD RESOLUTION or SECRETARYs CERTIFICATE should be attached if the Applicant is a Juridical Person 3. PRE-FILING REQUIREMENTS: Applicant must furnish the LGU where applicant operates -a copy of the Application/Petition -with all annexes and accompanying documents -PUBLICATION of the ENTIRE application/petition, excluding the annexes, in a newspaper of general circulation within its franchise area PROOF OF COMPLIANCE: -(to be attached to application/petition) Certification issued by the Presiding Officer, Secretatry of the LGU or their duly authorized representatives, attesting to the fact that such LGU was served a copy of the application or petition (with all annexes and accompanying documents) and the date of service -if no certification, then the Affidavit of the person who served the application/petition. There should be attached to said Affidavit the PAGE of the application/petition bearing the stamp received or acknowledgment of receipt by the LGU -(also attached to application/petition) Affidavit of Publication executed by the Editor-in-Chief of the newspaper of general circulation wherein the application/petition was published INTERVENTION: Through a verified petition, served on the original parties and filed with the Commission NOT less than 5 days prior to hearing. If not filed within the time, the same may be presented to and allowed or denied by the Commission at the time of hearing. The GRANT of leave to intervene does not constitute a finding by the Commission that such party will or may be affected by any order or rule made in the proceeding. Failure of any party to file answer to such petition for leave to intervene DOES NOT CONSTITUTE AN ADMISSION of the facts stated therein.
NOTICE OF HEARING: shall be published by the applicant or petitioner, AT ITS OWN EXPENSE, TWICE (if application/petition is for rate adjustment) for 2 consecutive weeks in two newspapers of nationwide circulation ONCE only in all OTHER applications/petitions THE LAST DAY OF PUBLICATION = at MOST 10days before hearing ALL notices of hearing posted on the Commissions Website upon issuance
COMPLIANCE WITH JURISDICTIONAL REQUIREMENTS At the initial hearing, the applicant or petitioner shall submit in writing its compliance with the jurisdictional requirements of PUBLICATION and NOTICE TO ALL AFFECTED PARTIES, attaching thereto such evidence, including registry receipts and/or return cars, methodically arranged and duly marked for examination or inspection by the other parties.
PRE-TRIAL BRIEF The Commission may require any one or all of the parties to a proceeding to file at least FIVE DAYS BEFORE THE DATE OF INITIAL HEARING or date set for pre-trial conference a PT Brief containing, among others: A summary of admitted facts & proposed stipulation of facts The issues to be tried or resolved the docs/exhibits to be presented, stating the purpose thereof and proposed markings therefor; and the number & names of the witnesses, w/ their written testimony in affidavit form (if already available) to be attached to the PT Brief. FAILURE TO FILE the PT Brief shall have the same effect as failure to appear at the PT Conference.