Professional Documents
Culture Documents
RULE I
Definition of Terms
The following are some of the laws covered by the term "trade and industry
law".
5. Act No. 3596 Law on the sale of paints and paint materials.
8. Art. 187, Act No. 3815 are amended Law on importation and
disposition of falsely-marked articles or merchandise made of
gold, silver, or other precious metals or their alloys.
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or service mark, fraudulent designation of origin, and false
description.
25. P.D. No. 272 as amended Charter of the Iron and Steel
Authority.
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Industry.
38. Ex. Or. No. 537 as amended Charter of the Garments and
Textile Export Board.
39. Ex. Or. No. 574 Revised Charter of the then Ministry of
Trade.
40. Ex. Or. No. 782 Law on the importation of used trucks and
engines.
42. LOI No. 444 Law on trading with socialist and other
centrally-planned economy countries.
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equipment, systems and devices.
45. LOI No. 1336 Law requiring MTI (among other agencies) to
ensure that all export proceeds are remitted.
RULE II
Commencement of Action
Persons associated in business who are sued under a common name must all
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be named individually in the Answer filed by them or on their behalf with their
respective business address.
(b) The section, article, or paragraph of the trade and industry law
violated.
(c) The ultimate facts of the cause of action and/or the acts of
omissions complained of as constituting the offense.
(e) The Complaint shall state further the relief prayed for, while the
Statement of Violation shall state further the penalties and
preliminary and preventive orders recommended by the Head of
Office.
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order to expedite the disposition thereof.
SECTION 12. Who Shall Prosecute and Defend the Case. The
Complaint shall be prosecuted by the Complainant by himself or Counsel. The
Statement of Violation shall be prosecuted by the Mediation Officer of the office
concerned. The Complaint/Statement of Violation shall be defended by the
Respondent by himself or Counsel.
RULE III
(1) Whether or not the adjudication of the case will aid in the
enforcement of the trade and industry law violated and if it
does, the extent thereof. cDAISC
(3) The resources of the office concerned which are available for
adjudicating the case.
(4) The other legal remedies available to the parties in settling their
disputes.
(b) Unless the Minister decides otherwise, if the Head of Office elects not
to adjudicate the case, he shall issue an order which shall state: "Pursuant to
Section 15 of the Rules and Regulations of Executive Order No. 913, this Office
elects not to adjudicate the case." No reason shall be given for such elected action.
The said order is not appealable.
(a) Directing that the Complaint pass through the mediation stage first, if
he believes that mediation is necessary. If both parties are residing outside
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Metropolitan Manila, the Head of Office may transmit the Complaint to any field
office of the Ministry which is most accessible to the parties and where there is a
Mediation Officer, with instructions to mediate the case in accordance with these
rules and regulations and to submit his report thereon to him (Head of Office); or
RULE IV
Mediation
In the Decision, the Head of Office may require the parties to submit to him
from time to time reports on compliance with their undertakings under the said
Agreement. The said Decision is not appealable and is immediately executory.
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issued in the formal hearing stage, assuming that no preliminary or preventive
orders have been previously issued under Section 23 hereof. cCTESa
(a) File a Motion for Execution of Judgement with the Head of Office.
The latter may issue the Order of Execution and the corresponding Writ of
Execution, deputizing and requiring any of the persons and entities mentioned in
Section 12 of Executive Order No. 913 to execute and enforce said decision and
order.
RULE V
Formal Hearing
SECTION 25. Assigning the Case. (a) Upon receipt of the case
elevated by the Head of Office under Sections 17 (b), 21 and 22 (b) hereof or the
Statement of Violation filed by the Head of Office under Section 10 hereof, the
Chief Hearing Officer shall immediately assign the case to any of the Hearing
Officers or conduct the formal hearing by himself.
(b) If both parties are residing outside Metropolitan Manila, the Chief
Hearing Officer may transmit the Complaint/Statement of Violation to any field
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office of the Ministry which is most accessible to the parties and where there is a
Hearing Officer, with instructions to conduct the formal hearing of the case in
accordance with these rules and regulations and to submit his report thereon to him
(Chief Hearing Officer).
(b) If the Respondent fails to answer within said period, the Hearing
Officer shall upon motion of the Complainant/Mediation Officer or motu proprio
declare the Respondent in default and forthwith receive evidence ex-parte. No
service of papers other than substantially amended or supplemental pleadings and
final orders or decisions shall be necessary on a party in default unless he files a
motion to set aside the order of default within one day from receipt thereof on any
of the four grounds mentioned in subsection (a) hereof, in which event he shall be
entitled to notice of all further proceedings regardless of whether the order of
default is set aside or not. HacADE
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(b) The presence of the parties and their counsel is required, but if the
counsels are provided with powers of attorney to make admissions and/or to make
and accept compromise proposals, the presence of the parties may be dispensed
with.
(c) Should a party and/or his counsel fail to appear at the pre-formal
hearing, and/or fail to comply with the directives set out above, the Complaint may
be dismissed, or Respondent considered as in default, ex parte hearing held and
decision rendered or other appropriate orders issued.
(b) All hearings may be set for two or three consecutive days. Adjourned
hearings may be set for continuance for at least two successive days within a
period not exceeding fifteen (15) days from the date of the last hearing.
(c) In order to comply with the time limit within which to resolve the case,
no postponement of hearings specially those scheduled by agreement of parties
shall be allowed over the objection of any party. However, for justifiable reasons
and upon written motion filed with the Hearing Officer three (3) days before the
scheduled hearing with proof of service upon the other party, a postponement may
be granted under the conditions set forth in the preceding paragraph.
(b) The Respondent shall then present the sworn statements of witnesses
(which shall constitute the direct testimony of the affiants) and other documentary
evidence and shall make his witnesses available for cross-examination by
Complainant/Mediation Officer during the scheduled hearings.
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(d) If testimony of a witness residing outside the Philippines is to be
taken, the direct examination shall be in the form affidavit, to be submitted within
the period fixed by the Hearing Officer, and the opposing party may cross-examine
the witness through written interrogatories in the manner prescribed by the Rules
of Court.
(b) If the parties can agree only on some of the facts in issue, the hearing
shall be held as to the others.
RULE VI
Evidence
RULE VII
(b) The case shall be decided within thirty working days from the time the
formal hearing was terminated.
(c) Decisions and final orders shall be served by mail, personal service by
an authorized person, or publication, as the case may require.
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(1) Fine not exceeding fifty thousand pesos plus not more than five
hundred pesos for each day of continuing violation. If in the
decision there are two or more respondents/violations fined, the
basis for determining the fifty-thousand-peso and the
five-hundred peso limits shall be the totality of each of the two
sets of fines.
(3) Closure of business establishment for not more than thirty days.
(4) Censure.
RULE VIII
(c) The condemnation or seizure of products which are the subject of the
offense.
(d) The seizure and forfeiture of the paraphernalia and all properties, real
or personal, which have been used in the commission of the offense.
(i) Censure.
(3) Disqualification not exceeding one year from entering into any
contract or agreement with the Ministry.
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(2) An assurance to refrain from engaging in unlawful acts and
practices or unfair or unethical trade practices subject of the
administrative action.
(b) The Adjudication Officer may also require the respondent to submit
periodic reports of compliance and file a bond to guarantee compliance with his
undertaking.
RULE IX
(b) The Adjudication Officer may require the Complainant to file with the
Head of Office concerned a bond executed to the Respondent, in an amount to be
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fixed by the Adjudication Officer, to the effect that the Complainant will pay to
such party all damages which he may sustain by reason of the preliminary order if
the Chief Hearing Officer/Adjudication Officer should finally decide that the
Complainant was not entitled thereto. ATcaEH
(c) The preliminary orders may be granted with or without prior notice
and hearing on the application for issuance of preliminary order, at the sound
discretion of the Adjudication Officer.
(d) The preliminary orders may be dissolved fully or partially at any time
by the Adjudication Officer motu proprio or upon application by the Respondent
or recommendation of the Head of Office concerned with or without prior notice
and hearing on the application for dissolution thereof, at the sound discretion of
the Adjudication Officer.
RULE X
SECTION 51. With Whom Filed and Period of Filing. Any party
adversely affected by the decision of the Chief Hearing Officer/Adjudication
Officer may file a motion for reconsideration with the said official who rendered
the decision, stating his grounds therefore, within ten days from receipt of the
decision. Only one motion for reconsideration shall be allowed any party. The
pendency of the said motion shall suspend the 15 day period of appeal provided in
Section 54 hereof.
RULE XI
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Appeal
SECTION 54. Finality of Decision and Order. (a) The decision and
order of the Chief Hearing Officer/Adjudication Officer shall become final and
executory fifteen days after the receipt of a copy thereof by the party affected
unless within the said period an administrative appeal to the President or judicial
review, if proper, has been perfected.
(b) The appeal to the President shall be in accordance with the rules and
regulations promulgated by his office.
RULE XII
Executions of Decisions
RULE XIII
(a) The Minister shall designate the Adjudication Officer while the latter
shall designate the Chief Hearing Officer and Hearing Officers. DTcASE
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under their respective supervision.
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regulations, the Minister may, in his discretion:
(a) Conduct personally any phase of any proceeding under these rules and
regulations; or
RULE XIV
Recorded Proceedings
RULE XV
Other Provisions
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Endnotes
1 (Popup - Popup)
EO 913-1983
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