Republic of the Philippines

ENERGY REGULATORY COMMISSION

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RULE 3 - FORMAL REQUIREMENTS

Section 1. Caption. - All initial applications, petitions, complaints, and other papers filed with the Commission in any proceeding shall clearly show, in the caption, the names of all persons in whose behalf the filing is made. If more than one person is involved, a single name only need be included in the title of subsequent papers filed. All subsequent filings shall show the docket designation assigned by the Docket Section of the Commission.
 
Section 2. Form and Size. - All pleadings and other papers filed with the Commission shall be typed or printed on paper 8.5” wide and 14” long. The impression may be on both sides of the paper and shall be double-spaced. Footnotes and quotations may be single-spaced. Pleadings and other papers, together with the annexes thereto, shall be fastened only on the left side. Unless otherwise directed, an original and two (2) copies of any pleading and other papers shall be filed. Reproductions may be made by any process provided that all copies are clear and permanently legible.
 
Section 3. Signature. - Except as may otherwise be ordered by the Commission, the original copy of each pleading or any other paper to be filed shall be signed by the party or its duly authorized representative, or by the party’s attorney, and shall show the address of the same.
 
The signature of the party, its representative or attorney on any paper filed with the Commission constitutes a certification that the signatory has read the paper being subscribed and filed, and knows the contents thereof; that to the best of the signatory’s knowledge, information, and belief formed after a reasonable inquiry, it is well grounded in fact and is warranted by existing law or it is not interposed for any improper purpose.
 
Section 4. Verification and Certification against Forum Shopping. - All pleadings as specified under Rule 5 of these rules filed with the Commission shall be verified. The verification shall contain a sworn statement that affiant has read the pleading and that the allegations therein are true and correct of affiant’s own knowledge and belief. If such verification is executed by the party’s responsible officer, in cases where the party is a juridical person, there shall be attached to the pleading the corresponding board resolution or secretary’s certificate authorizing such officer to represent the party in the proceedings and to execute such verification on its behalf.
 
In addition, there shall be attached to an initiatory pleading, i.e. an application, petition, or answer with counter-complaint, a sworn certification against non-forum shopping executed in accordance with the Rules of Court.
 
Section 5. Construction. - All pleadings and other filings shall be liberally construed and errors or defects therein which do not mislead or affect the substantial rights of the parties involved shall be disregarded.
 
Section 6. Rejection of Pleadings and Documents. - Filings which are not in substantial compliance with these or other Commission rules, orders of the Commission, or applicable statutes, except for applications or petitions which were the subject of pre-filing conference under Section 4 of Rule 6 and endorsed for filing by the Commission’s staff, may be rejected within fifteen (15) days after filing or actual receipt by the Commission. If rejected, such papers will be returned with an indication of the deficiencies therein, including non-payment of the required filing fee as docketing requirement if such is the case. Rejection of such pleadings and documents is not a bar to the re-filing of the same with the Commission after compliance with all the requirements. Acceptance of a pleading or document for filing is not a determination that the pleading or document complies with all requirements of the Commission and is not a waiver of such requirements. The Commission’s Docket Section is authorized to reject pleadings and documents under this rule.
 
Section 7. Electronic Filing. - Unless otherwise required by the Commission for other filings with it or exempted from this requirement, all pleadings, together with their supporting documents, shall also be electronically filed with the submission of at least three (3) diskettes or compact discs containing the electronic files thereof in file formats acceptable to the Commission such as Microsoft Office or OpenOffice.
 
Section 8. Confidential Information. - Claims of privilege may be made pursuant to Rule 4.

 


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