Republic of the Philippines

ENERGY REGULATORY COMMISSION

A world class and independent electric power industry regulator that equitably promotes and protects the interests of consumers and other stakeholders, to enable the delivery of long-term benefits that contribute to sustained economic growth and an improved quality of life.


RULE 19 - RULES OF EVIDENCE

Section 1. Rules of Evidence Not to be Strictly Applied. - Subject to the requirements of due process, the technicalities of law and procedure and the rules obtaining in the courts of law shall not strictly apply to proceedings before the Commission. However, irrelevant, immaterial, or unduly repetitious evidence shall be excluded.
 
Section 2. Official Notice. - Official notice may be taken of judicially cognizable facts not subject to reasonable dispute in that they are generally known within the jurisdiction of the Commission or capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. In addition, official notice may be taken of generally recognized facts within the area of the Commission’s specialized knowledge.
 
Section 3. Motions for Official Notice and Opportunity to Respond. - If a party intends to rely on matters officially noticed as part of that party’s direct case, it shall file a motion for official notice during the presentation of its evidence. Motions for official notice may be written or oral. The motion shall state with specificity the facts, material, records, or documents of which official notice is requested, and copies of such materials, records, or documents shall be provided to the Commission and all parties. A party who opposes the motion shall have the opportunity to contest the requested action.
 
Section 4. Data Requested by the Commission. - The Commission may consider in its decision such data, studies, work papers, reports, and information submitted to it by any party upon its request pursuant to Rule 15.

 


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