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Volume 1,
Series 2
Hearing Officers’ Guidelines in Handling Petitions

SEC Memorandum Circular No. 4-2016

The SEC released its Memorandum Circular (MC) No. 4 entitled as “Guidelines to be observed by hearing officers in handling petitions pursuant to the provisions of the Judicial Affidavit Rule (A.M. No. 12-8-8-SC, September 4, 2012)” which has been effective since May 5, 2016. The purpose of the memorandum is to simplify and hasten the proceedings before the Commission.

  1. He/she will be advising the parties that since the Judicial Affidavit Rule is effective, it shall be used for the actions which is to be filed before the Commission, who then, will require the reception of the evidence.
    • He/she shall be the one to give the directions to both parties what they should file with the Commission and then personally serve the adverse party through a licensed courier service, which would not be later than 5 days before the preliminary conference or the scheduled hearing, the following requirements:
      1. The judicial affidavits of their witnesses, which shall then take the place of the latters’ direct testimonies.
      2. The parties’ documentary or object evidence, if there’s one. This shall be attached to the judicial affidavits and would be correspondingly marked.
MC no. 4-2016 also discussed the issuance of warning to the parties. The Commission shall deny any one who submitted a Judicial affidavit containing any single falsehood of a direct examination, as they would be strict with the conducting of a direct examination testimony or the counterclaim. It is by dismissing with prejudice the principal case or any case maybe. In addition, the Commission shall identify immediately and endorse both the affiants and his judicial affidavit to the Prosecutor’s office (Mandaluyong.)

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