RULE 17 - SUMMARY PROCEEDINGS
Section 1. Uncontested Proceedings. - In applications, petitions, or complaints where there are no intervenors or there is no contest, the applicant, petitioner, or complainant shall prove its case by submitting and offering into evidence the affidavits of its witnesses and other evidences within the time allowed by the Commission or presiding officer. Before considering the record closed and the case submitted for decision, however, the Commission may require the submission of additional data and/or set the case for clarificatory hearing and direct applicant or petitioner and its witnesses to appear before it for questioning.
Section 2. Summary Procedure for Consumer Complaints. -
(a) Coverage. - The following consumer complaints shall be heard in accordance with the summary procedure set forth herein:
1. The complaint involves an amount not more than Two Hundred Thousand Pesos (PhP 200,000.00);
2. The only issue involved in the complaint is incapable of pecuniary estimation or pertains to a violation of certain provisions of the Magna Carta for Residential Consumers on proper notices, meter testing and sealing, announcement of scheduled power interruptions, installation and relocation of meters, investigation by utilities of consumer complaints, and reconnections of electric service; or
3. Other cases as may be determined by the Commission.
However, nothing in this section shall preclude the Commission from conducting a formal hearing on complaints previously declared as subject to summary procedure.
(b) Summary Dismissal of the Complaint. - After the Commission determines that the case falls under summary procedure, it may, from an examination of the allegations therein and such papers as may be attached thereto, dismiss the case outright on the grounds apparent therefrom for the dismissal of administrative actions such as lack of jurisdiction over the subject matter of the proceeding.
If no ground for dismissal exists, it shall forthwith issue an order stating that the summary procedure under this section shall apply. The order shall also contain the issues to be resolved.
(c) Submission of Affidavits and Position Papers. - Within a period of fifteen (15) days from receipt of the order mentioned in the preceding paragraph, the parties shall simultaneously submit affidavits of their witnesses and other evidences on the factual issues defined in the order, together with their position papers setting forth the law and the facts relied upon by them.
(d) Rendition of Judgment. - The Commission shall render judgment within thirty (30) days after receipt of the last affidavit or position paper, or the expiration of the period for filing the same.
However, should the Commission find it necessary to clarify certain material facts, it may, during the said period, issue an order specifying the matters to be clarified, and require the parties to submit affidavits or other evidence on the said matters within ten (10) days from receipt of said order. Judgment shall be rendered within thirty (30) days after the receipt of the last clarificatory affidavit, or the expiration of the original sixty (60)-day period, whichever comes later.
Section 3. Summary Decision. -
(a) Motion for Summary Decision. - The Commission may grant a motion for summary decision on any or all issues to the extent that the pleadings, affidavits, materials obtained by discovery or otherwise, admissions, matters officially noticed, or evidence of record show that there is no genuine issue as to any material fact and that the moving party is entitled to a decision in its favor, as a matter of law, on the issues expressly set forth in the motion.
(b) Filing and Contents of Motion. - Any party to a proceeding may move for summary decision on any or all of the issues. The motion may be filed at any time before the close of the hearing on the merits. The party filing the motion shall demonstrate that the issue or issues may be resolved by summary decision in accordance with the standard set forth in the preceding paragraph. Affidavits in support of the motion shall be based on personal knowledge and shall set forth such facts as would be admissible in evidence. A motion for summary decision shall specifically describe the facts upon which the request for summary decision is based, the information and materials which demonstrate those facts, and the laws or legal principles that entitle the movant to a summary decision.
(c) Response to Motion. - Any response to a motion for summary decision shall be filed within ten (10) days from receipt of a copy thereof. A party opposing the motion shall show, by affidavits, materials obtained by discovery or otherwise, admissions, matters officially noticed, or evidence of record, that there is a genuine issue of material fact for determination at the hearing, or that summary decision is inappropriate as a matter of law.