Resolution No. 589

“For the purpose of fairly and expeditiously resolving all cases
filed with the CAB and brought before the hearing examiners, without
affecting, while in fact, enhancing the basic right of due process of
the litigating parties concerned, the Board RESOLVES to issue, as it
hereby issues the following guidelines to CAB hearing examiners/legal
officers and practitioners before the Board, for their strict
compliance:

1.            All interested parties must be furnished a copy of all cases filed with the CAB.

2.            Answer or opposition to pleadings in economic and
enforcement proceedings before the Board must be filed by the party
concerned within seven (7) working days from receipt of said pleading.

3.            Regardless as to whether or not a case is opposed,
the hearing examiner/legal officer shall hold and conduct a pre-hearing
conference in accordance with Section 27 of Administrative Order No. 1,
Series of 1960.

4.            During said conference, the following matters aside
from those already mentioned in the aforestated Administrative Order,
shall be agreed upon by the parties:

(a)   the number of witnesses to be presented;

(b)   the approximate number of hours required by each party for the presentation of its evidence, and

(c)   the specific hearing dates needed to complete the
presentation by all parties, which must be within a period of ninety
(90) days from the initial hearing, unless an exemption is called for as
determined by the presiding officer.  Continuous hearings shall be
greatly encouraged by the hearing examiner/legal officer.

5.            The agreed dates of hearing shall be written in the
record of the case, and the parties and their counsels including the
staff, shall affix their signatures below the dates enscribed on the
record.  The hearing examiner/legal officer shall right there and then
advise that parties are all deemed notified of these agreed hearing
dates in open session and no further and other notices shall be sent to
them.  The parties shall be advised further that they shall be
responsible for bringing their respective witnesses on the dates the
latter are scheduled to testify.

6.            Each party is bound to complete the presentation of
his evidence during/within the hearing dates assigned to him. After the
lapse of said dates, the party is deemed to have completed his
presentation, unless, upon verified motion, based on serious and
compelling reasons, the hearing examiner/legal officer allows a party
additional hearing dates, provided these shall not extend beyond the 90
day limit computed from the first hearing date.

7.            Calendaring of cases shall be according to the dates
parties become ready for hearing.  A case is deemed ready for hearing
after the completion of the pre-hearing conference and factual and legal
issues still subsist for disposition thereafter.

8.            The hearing examiner/legal officer shall issue a pre-hearing order which shall include the following:

(a)   a statement of the nature of the case;

(b)   the stipulations or admissions of the parties, including testimonial and documentary evidence;

(c)   the issues involved, whether factual, legal or both;

(d)   the number of witnesses, and

(e)   the dates of hearing

9.            The hearing examiner/legal officer shall see to it
that scheduled hearings commence promptly at the appointed/agreed time,
at 9:00 A M. and 2:00 P.M. respectively.

10.          The hearing examiner/legal officer shall conduct the
hearing of cases with utmost dispatch, brooking no unwarranted delay and
exercising his powers judiciously towards this end.

11.          No postponement of the hearing dates agreed upon shall
be granted except on serious and meritorious grounds supported by
evidence.

12.          Parties so desiring may simultaneously submit
memoranda after the conclusion of a hearing within an inextendible
period of 15 days.

13.          The hearing examiner/legal officer shall submit
his/her findings to the Board for resolution within a period of 30 days
from termination of the hearing or from the time all the required
documents are submitted to the hearing examiner/legal officer.

The Board further resolves and directs the Board Secretary to have
this resolution published in a newspaper of general circulation and
circularized among the members of the Airline Lawyers Association of the
Philippines.

Adopted: 14 Dec. 1989

(SGD.) SEC. RAINERIO O. REYES Chairman	(SGD.) OSCAR M. ALEJANDRO Vice Chairman
(SGD.) EVERGISTO C. MACATULAD Member	(SGD.) LEON H. TIANSAY Member
(SGD.) ENRIQUE H. DAVILA Member

 

Effective: 15 December 1989