ISSWS Judicial Rules of Procedure

7/31/2019 ISSWS Judicial Rules of Procedure

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JUDICIAL RULES OF PROCEDURE OF THE INTEGRATED SOCIETY OF SOCIALWORK STUDENTS (ISSWS) BAGUIO-BENGUET

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AN ACT PROMULGATING AN JUDICIAL RULES OF

PROCEDURE GOVERNING THE JUDICIAL POWERS OF

THE BOARD OF DIRECTORS OF THE INTEGRATED

SOCIETY OF SOCIAL WORK STUDENTS (ISSWS) BAGUIO-

BENGUET

Short Title- This Act shall henceforth be known as the ISSWS Judicial

Rules of Procedure of 2012

The Judicial Rules of Procedure shall be made applicable to Judiciary

Role of the Board of Directors and members thereof shall elect the Chief Justice.

The ISSWS Board of Directors as a Judiciary Council shall govern thefollowing cases:

a) Cases involving the interpretation of the ISSWS Constitution and By-Laws;b) Cases involving the interpretation of the Constitution and By-Laws of

member organizations that affect the operation of the Integrated Society

Social Work Students (ISSWS);

c) Cases involving members rights, duties, and obligations under theConstitution and By-laws of member organizations that affect the operation

of the Integrated Society Social Work Students (ISSWS); and

d) Cases involving legislations passed by member organizations that affect theoperation of the Integrated Society Social Work Students (ISSWS).

These Rules shall be liberally construed in order to promote its objective of securing

a just, speedy, and inexpensive disposition of every action and proceeding.

Only duly recognized members of the Integrated Society of Social Work Students

(ISSWS) may be parties to case.


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The term complainant shall refer to the claiming party, or whose rights are sought

to be enforced or protected, or whose interests are affected by any act or conduct of

any Officer and/or Member.

The term respondent shall refer to the defending party whose act or conduct issought to be prevented or enjoined.

A party in interest is one who stands to be benefited or injured by the judgment of

the Judiciary Council, or the party entitled to avails thereof. All cases filed before

the Judiciary Council shall be prosecuted or defended in the name of the party in

interest.

No case or complaint shall prosper where the complainants or respondents areunnamed or appear to be unknown.

In filing cases before the Judiciary Council, the following must be alleged:

A) Facts showing the capacity of a party to sue or be sued; orB)Authority of a party to sue or be sued in a representative capacity.

Pleadings are the written statements of the respective claims and defenses of the

parties submitted to the Judiciary Council for appropriate judgment.

Pleadings are necessary to invoke the jurisdiction of the Judiciary Council.

All pleadings shall be liberally construed so as to afford substantial justice.

The claims of a party shall be asserted only in a complaint.

The defenses of a party are alleged in the answer to the pleading asserting a claim

against him/her.

No reply or other pleadings of whatever nature and kind shall be allowed.

No Motion other than motions to extend prior of time to plead and reconsiderationshall be allowed.

The complaint is the pleading alleging the complainants cause or causes of action.

The names, course, year-level, and school must be stated in the complaint.


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An answer is a pleading in which the respondent sets forth his/her defenses.

The following shall form part of a valid pleading:

a. Caption;b. Body;c. Signature, course, year-level, student identification number, and school

The caption sets for the INTEGRATED SOCIETY OF SOCIAL WORK STUDENTS

(ISSWS) BAGUIO-BENGUET and followed by the JUDICIARY COUNCIL.

The title of the action shall indicate the names of parties. All shall be named in the

complaint.

Their respective participation in the case as either complainant or respondent shall

be indicated.

1) The body of a pleading sets forth:

a. The designation as either a complainant or answer;

b. The allegations of partys claims or defenses;

c. The relief prayed for; and

d. The date of the pleading.

2) Paragraphs

The allegations in the body of a pleading shall be divided into paragraphs sonumbered as to be readily identified. Each paragraph shall contain a statement of

single set of circumstances so far as that can be done with convenience. A

paragraph may be referred to by its number in all succeeding pleadings.

3) Relief

The pleading shall specify the relief sought, but it may add a general prayer for

such further or other reliefs as may be deemed just or equitable under the

circumstances.

4) Date

All pleadings shall be dated

Section 4- Signature, Course, Year-level, Student Identification Number, and

School.


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Every pleading shall be signed by the party or the representative, stating in either

case his/her course, year level, student identification number, and school.

Every pleading shall not contain in a methodological and logical form, a plain,

concise, and direct statement of facts on which the party pleadings relies nor his/her

claim as defense, as the case may be.

Only necessary and relevant facts shall be included.

All allegations must have a basis in the ISSWS Constitution and By-Laws and all

laws passed by the Board of Directors.

Whenever an action or defense is based on an official document, the substance of

said document must be alleged in the pleadings, and the original copy of the official

copy of the official document shall be attached to the pleadings.

Defenses not set forth in the answer are deemed waived

Filing is an act of presenting the pleading or other paper to the Judiciary Council.

Service is the act of providing a party with a copy of the pleading or paper

concerned.

The filing of a pleading or paper shall be proved by its existence in the record of thecase, or by the written acknowledgement of its filing by the Judiciary Council on a

copy of the same.

Proof of service of a pleading to the other party shall consist of a written admission

of the party served, containing the full statement of date, place, and manner of

service.

Proof of filing and proof of service shall be attached in the pleading.

The only mode of service allowed by these Rules is personal service.

Service of the pleadings to the other party shall be made by delivering personally a

copy to the party.


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No substitute service of whatever nature and kind shall be allowed.

The respondent shall file his/her answer to the complaint within 3 days after serviceof summons.

The Judiciary Council may, upon such terms as may be just, allow an answer to be

filled after the time fixed by these Rules, but shall not exceed 5 days after the lapse

of the 3 day period provided in the last preceding section.

Upon filing of the complaint, the Judiciary Council shall forthwith determine its

sufficiency in form and shall issue the corresponding summons to the defendants.

The summons shall be directed to the defendant, signed by a representative of the

Judiciary Council, and shall contain:

a. The name of the Judiciary Council;

b. Name of parties;

c. A direction that the defendant answer within the time fixed by these Rules;

d. A notice that unless the defendant so answers, plaintiff will take judgment by

default and may be granted the relief applied for.

Whenever the service has been completed, the server shall, within 1 day therefrom,

serve a copy of the return personally, to the complainant, and shall return thesummons to the Judiciary Council who issued it, accompanied by proof of service.

A case or complaint may be dismissed motu proprio on the following grounds:

a. Lack of Merit;

b. Failure to comply with the requirement regarding proof of service and contents ofand the documents which should be attached or accompanied in the complaint;

c. Failure to comply with the orders of the Judiciary Council without justifiable

cause; and


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d. The fact that the case is not one of the cases covered by the jurisdiction of the

Judiciary Council

The Judiciary Council shall base their judgments on the pleadings and annexes

filed by the parties, and if necessary, conduct clarifactory hearings upon issuance ofnotices to the parties.

A judgment or final order determining the merits of the case shall be in writing

personally and directly prepared by the Judiciary Council,per curia. It shall state

clearly and distinctly the facts and the law on which it is based, signed by all those

who participated in the deliberations and voted thereon.

Judgments or final orders of the Judiciary Council shall be made within 15 daysafter filing of the last pleading, or from such date that the parties have submitted

the case for decision.

If no motion for reconsideration is filed within the time provided in these Rules, the

judgment shall forthwith be entered by the Judiciary Council in the book of entries

of judgments. The date of the finality of the judgment shall dispositive part of the

judgment and shall be signed by the Judiciary Council, with a certificate that such

judgment has become final or executory.

No judgment by default by reason of the partys failure to plead shall be allowed,

except when the failure to notify the Judiciary Council to do so amounts to gross

negligence on the part of the party concerned. If deemed convenient, a party shall

be given entry opportunity to present claims or defenses in order to observe just

disposition of cases.

The aggrieved party shall base his/her motion for reconsideration on the following

shall be the grounds:

a. The allegations are insufficient to justify the judgment or final order;

b. The decision or final order is contrary to the law.

The motion shall be filed within 2 days from receipt of the judgment or final order.


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The motion for reconsideration shall:

a. Point out specifically the findings or conclusions of the judgment or final order

which are contrary to law, making express reference to documentary evidences or to

the provisions of the Integrated Society of Social Work Students Constitution andBy-laws or official legislations alleged to be contrary to such findings or conclusions;

b. Be in writing stating the ground or grounds therefore, a written notice of which

shall be served by the movant on the adversary party;

c. Shall only be filed.

A pro forma motion for reconsideration shall not have any legal effect

A pro forma motion for reconsideration is one:

a. When the movant fails to make reference to the documentary evidence on record

or the provisions of law alleged to be contrary to the conclusions of the Judiciary

Council; and

b. Which does not satisfy the requirements of the Rules.

A motion for reconsideration shall be resolved within 5 days from the time it issubmitted for resolution.

A member of the Judiciary Council cannot participate in the deliberations on the

motion for reconsideration and vote thereon if he/she did not participate in the

original case or complaint or have abstained in voting, inhibited, or absent

therefrom.

Any amendment or on these Rules, only to be made by the Judiciary Council itself,

shall apply prospectively and shall not affect any vested rights of parties relying

hereon.

These Rules shall take effect upon approval of the ISSWS Board of Directors. Itshall govern all cases brought after it takes effect. All amendments to these Rules

shall apply prospectively, shall be made solely to the Judiciary Council en banc.


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Approved on this ____day of ________________, 2012, at

______________________________________________________________________________


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APPENDIX OF FORMS

1. The Following Forms, which serves as mere illustrations, may be used.Substantial Compliance therewith shall be sufficient.

2. Each pleading or motion shall have the following the caption and title:

INTEGATED SOCIETY OF SOCIAL WORK STUDENTS (ISSWS)

JUDICIARY COUNCIL

CASE NO. _______

EDUARD AUNG COLOD KYU JR., in his capacity asExtension Programs Officer of theResearch, Information Management, Publication andExtension Committee of the Integrated Society ofSocial Work Student Baguio-Benguet

Complainant,

-Versus-

BRYAN SOLOMON MATA-AN, in his capacity as

Finance Officer of the Integrated Society of SocialWork Students Baguio-Benguet

Respondent,And

WINSON UMHAO, in his capacity asAudit Officer of the Integrated Society of SocialWork Students Baguio-Benguet

Respondent,

3. Remember that every pleading must be signed by the student-party, bearing alsohis/her course, year-level, identification number, and school. If necessary andindispensible, a letter of endorsement by the ISSWS Adviser.

Form 1. Complaint

4. The form of a complaint doesnt necessarily need to strictly follow the usual legal

affidavit complaint. It may even follows the format of a position paper, only that itmust strictly follow the requirements of the ISSWS Judicial Rules of Procedure.

Complaint

1. Complainant, EDUARD AUNG COLOD KYU JR., is a student of Saint LouisUniversity, taking up B.S. Social Work with the I.D. No. 2102280, and is theincumbent Extension Programs Officer of the Integrated Society of SocialWork Students, whereas respondents, BRYAN SOLOMON MATA-AN, astudent of Cordillera Career Development College, taking up B.S. SocialWork with the I.D. No. 1234567, and is the Incumbent Finance Officer of the


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Integrated Society of Social Work Students and WINSON UMHAO, also astudent of Cordillera Career Development College, taking up B.S. SocialWork with the I.D. No. 7654321, and is the Incumbent Audit Officer of theIntegrated Society of Social Work Students.

2. On June 9, 2012, the Research, Information Management, Publication, andExtension Committee, through complainant, as Extension Programs Officer,endorsed the approval for the release of funds of the extension programentitled TACADANG LIVELIHOOD PROJECT in the Municipality ofKibungan at the Province of Benguet. The extension was duly supported withdocuments, herein attached as Annex A, for its approval by the ISSWS Boardof Directors, and subsequently, by the counterpart Local Government Unit.The Office of the Board of Directors through a letter dated June 15, 2012,addressed by the Director and PMS President, H.E. Hon. Suzet Joy A.Dalisan, to herein complainant, stated that the approval of the Board ofDirectors was already authenticated by their office.

3. Complainant received a copy of the deliberations of the Board of Directorswith all Executive Officers on June 13, 2012, wherein it was indicated thereinthat the request for the approval of the release of funds were unanimouslyapproved and authenticated. The deliberations report bore the signatures ofthe members of the Board of Directors and the Executive Officers, butwithout that of the Finance Officer and the Audit Officer. It is customary forincidents like this that requests for approval for the release of funds toindicate the signatories approving the said request.

4. Thereafter, complainant asked the respondents to affix their signatures inthe report. As its absence might make the Municipality Officials question thereports veracity, thereby prejudicing the approval of the organizations

activity in the area. Despite repeated demands, respondent, without anyreason whatsoever, did not want to affix their signatures indicating theirapproval.

5. As a result of immediacy for the operation and conduct of the said activity,which is to be conducted on July 20, 2012, herein complainant seeks from thisHonorable Body relief under prevailing laws of the Integrated Society ofSocial Work Students by compelling respondents, under pain of law, to

comply with their duties as Finance Officer and Audit Officer of theIntegrated Society of Social Work Students.

WHEREFORE, complainant prays that the Honorable ISSWS Judiciary Council tocompel respondents, under pain of law, to comply with their duties as FinanceOfficer and Audit Officer of the Integrated Society of Social Work Student.

Complainant prays for such other just and equitable relief under the premises

____________________________________________this ___ day of _______________.

EDUARD AUNG COLOD KYU JR.Extension Programs OfficerResearch, Information Management,Publication, and Extension Committee2102280


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Form 2. Answer with Defenses

1. The complainant fails to state a calm against respondent upon which reliefcan be granted.

2. (defenses)3. (defenses)..

Form 3. Motion to Extend Period to Answer

Motions Title

Respondent/s, most respectfully moves that this Judiciary Council allowhim/her/them to extend the period to file an Answer due to the following reasons:

1. (reason)

2. (reason).

WHEREFORE, premises considered, ______________________________________________________________________________this ____ day of ________________.

Form 4. Motion for Reconsideration

(Motion)

Complainant/Respondent most respectfully moves this Honorable Judiciary Council

to Reconsider and Set Aside its Decision dated _______________ received bycomplainant/respondent on __________ on the ground that:

THE HONORABLE JUDICIARY COUNCIL COMMITTED A GRAVE BUTREVERSIBLE ERROR WHEN IT HELD THAT ____________________

In support thereof, complainant respondent hereby avers:1) (reasons)2) (reasons)

WHEREFORE, premises considered ___________________________________________Complainant prays such other just and equitable reliefs under the premises.

__________________________________________this ______day of ___________________.

Form 5. Summons

To __________________________, respondent

You are hereby summoned and required to file and serve your answer to thecomplaint, copy of which herewith served upon you, within THREE (3) DAYS after

service hereby exclusive of the day of serve. If you fail to do so, judgment by defaultwill be taken against you for the relief demanded in the complaint.

________________________Chief JusticeISSWS Judiciary Council

Documents

ISSWS Judicial Rules of Procedure