ISSWS Judicial Rules of Procedure

ISSWS ISSWS ISSWS ISSWS ISSWS ISSWS ISSWS ISSWS ISSWS ISSWS
INTEGRATED SOCIETY OF SOCIAL WORK STUDENTS (ISSWS) BAGUIO-BENGUET
INTEGRAL ACT NO. 1
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) BAGUIOBENGUET
Article I-Title, Purpose, and Scope. Section 1. Short Title- This Act shall henceforth be known as the ISSWS Judicial Rules of Procedure of 2012 Section 2. 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. Section 3. The ISSWS Board of Directors as a Judiciary Council shall govern the following 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 the Constitution 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 the operation of the Integrated Society Social Work Students (ISSWS). Article II- Judicial Rules of Procedure Rule 1-General Provisions Section 1- Construction 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. Rule 2- Parties Section 1- Who may be parties; complaint and respondent Only duly recognized members of the Integrated Society of Social Work Students (ISSWS) may be parties to case.
JUDICIAL RULES OF PROCEDURE OF THE INTEGRATED SOCIETY OF SOCIAL WORK STUDENTS (ISSWS) BAGUIO-BENGUET Page 1 of 11
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 is sought to be prevented or enjoined. Section 2- Parties in Interest 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 are unnamed or appear to be unknown. Section 3- Averments of the Capacity to sue or be sued 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; or B) Authority of a party to sue or be sued in a representative capacity. Rule 3- Kinds of Pleadings Section 1-Definition of Pleading Pleadings are the written statements of the respective claims and defenses of the parties submitted to the Judiciary Council for appropriate judgment. Section 2- Necessity of pleadings Pleadings are necessary to invoke the jurisdiction of the Judiciary Council. Section 3- Construction or Interpretation All pleadings shall be liberally construed so as to afford substantial justice. Section 4- Pleadings allowed; Prohibited Pleadings 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 reconsideration shall be allowed. Section 5- Complaint 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.
Section 6- Answer An answer is a pleading in which the respondent sets forth his/her defenses. Rule 4-Parts of a Pleading Section 1-Parts of a Pleading The following shall form part of a valid pleading: a. Caption; b. Body; c. Signature, course, year-level, student identification number, and school Section 2- Caption 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. Section 3-Body 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 so numbered 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.
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. Rule 5-Manner of Making Allegations in Pleadings Section 1- In general 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. Section 2- Actions based on official documents 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. Section 3- Effect of failure to plead Defenses not set forth in the answer are deemed waived Rule 6- Filing and Service Pleadings Section 1- Filing Pleadings Filing is an act of presenting the pleading or other paper to the Judiciary Council. Section 2- Service Service is the act of providing a party with a copy of the pleading or paper concerned. Section 3- Proof of filing The filing of a pleading or paper shall be proved by its existence in the record of the case, or by the written acknowledgement of its filing by the Judiciary Council on a copy of the same. Section 4- Proof of Service 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. Section 5- Mode of service 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.
No substitute service of whatever nature and kind shall be allowed. Rule 7- When to File Responsive Pleadings Section 1- Answer to the complaint The respondent shall file his/her answer to the complaint within 3 days after service of summons. Section 2- Extension of time to file an answer. 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. Rule 8- Summons Section 1- The Judiciary Council to issue summons. Upon filing of the complaint, the Judiciary Council shall forthwith determine its sufficiency in form and shall issue the corresponding summons to the defendants. Section 2- Contents 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. Section 3- Return 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 the summons to the Judiciary Council who issued it, accompanied by proof of service. Rule 9- Judgment Section 1- Motu Proporio dismissal 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 of and 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
d. The fact that the case is not one of the cases covered by the jurisdiction of the Judiciary Council Section 2- Rendition of judgments or final orders The Judiciary Council shall base their judgments on the pleadings and annexes filed by the parties, and if necessary, conduct clarifactory hearings upon issuance of notices 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. Section 3- Period to render judgment or final order Judgments or final orders of the Judiciary Council shall be made within 15 days after filing of the last pleading, or from such date that the parties have submitted the case for decision. Section 4- Entry of judgments or final orders 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. Section 5- Judgment by default 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. Rule 10- Reconsideration Section 1- Grounds for Reconsideration 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. Section 2- Period for file reconsideration The motion shall be filed within 2 days from receipt of the judgment or final order.
Section 3- Contents and form of motion 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 and By-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. Section 4- Pro forma motion for reconsideration 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. Section 5- Period to resolve the motion A motion for reconsideration shall be resolved within 5 days from the time it is submitted for resolution. Section 6- Effect on Member of the Judiciary Council who did not participate in the deliberations 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. Rule 11 Section 1- Amendments 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. Section 2- Effectivity These Rules shall take effect upon approval of the ISSWS Board of Directors. It shall 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.
Approved on this ____day of ________________, 2012, at ______________________________________________________________________________
Authored by: ___________________________________ H.E. Hon. Eduard Aung Colod Kyu Jr. Founder, Ad Hoc Committee Chairperson and Ex-officio Director Integrated Society of Social Work Students Approved by: ______________________________ Member- PMS Representative Ad Hoc Committee Deputy Chairman And Ex-Officio Director Integrated Society of Social Work Students ______________________________ Member- CCDC Representative Ad Hoc Committee Deputy Chairman And Ex-Officio Director Integrated Society of Social Work Students ______________________________ Member- SMO Representative Ad Hoc Committee Deputy Chairman And Ex-Officio Director Integrated Society of Social Work Students
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 as Extension Programs Officer of the Research, Information Management, Publication and Extension Committee of the Integrated Society of Social Work Student Baguio-Benguet Complainant, -VersusBRYAN SOLOMON MATA-AN, in his capacity as Finance Officer of the Integrated Society of Social Work Students Baguio-Benguet Respondent, And WINSON UMHAO, in his capacity as Audit Officer of the Integrated Society of Social Work Students Baguio-Benguet Respondent, 3. Remember that every pleading must be signed by the student-party, bearing also his/her course, year-level, identification number, and school. If necessary and indispensible, 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 it must strictly follow the requirements of the ISSWS Judicial Rules of Procedure. Complaint 1. Complainant, EDUARD AUNG COLOD KYU JR., is a student of Saint Louis University, taking up B.S. Social Work with the I.D. No. 2102280, and is the incumbent Extension Programs Officer of the Integrated Society of Social Work Students, whereas respondents, BRYAN SOLOMON MATA-AN, a student of Cordillera Career Development College, taking up B.S. Social Work with the I.D. No. 1234567, and is the Incumbent Finance Officer of the
Integrated Society of Social Work Students and WINSON UMHAO, also a student of Cordillera Career Development College, taking up B.S. Social Work with the I.D. No. 7654321, and is the Incumbent Audit Officer of the Integrated Society of Social Work Students. 2. On June 9, 2012, the Research, Information Management, Publication, and Extension Committee, through complainant, as Extension Programs Officer, endorsed the approval for the release of funds of the extension program entitled TACADANG LIVELIHOOD PROJECT in the Municipality of Kibungan at the Province of Benguet. The extension was duly supported with documents, herein attached as Annex A, for its approval by the ISSWS Board of 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 of Directors was already authenticated by their office. 3. Complainant received a copy of the deliberations of the Board of Directors with all Executive Officers on June 13, 2012, wherein it was indicated therein that the request for the approval of the release of funds were unanimously approved and authenticated. The deliberations report bore the signatures of the members of the Board of Directors and the Executive Officers, but without that of the Finance Officer and the Audit Officer. It is customary for incidents like this that requests for approval for the release of funds to indicate the signatories approving the said request. 4. Thereafter, complainant asked the respondents to affix their signatures in the report. As its absence might make the Municipality Officials question the reports veracity, thereby prejudicing the approval of the organizations activity in the area. Despite repeated demands, respondent, without any reason whatsoever, did not want to affix their signatures indicating their approval. 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 this Honorable Body relief under prevailing laws of the Integrated Society of Social Work Students by compelling respondents, under pain of law, to comply with their duties as Finance Officer and Audit Officer of the Integrated Society of Social Work Students. WHEREFORE, complainant prays that the Honorable ISSWS Judiciary Council to compel respondents, under pain of law, to comply with their duties as Finance Officer 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 Officer Research, Information Management, Publication, and Extension Committee 2102280
Form 2. Answer with Defenses 1. The complainant fails to state a calm against respondent upon which relief can 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 allow him/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 by complainant/respondent on __________ on the ground that: THE HONORABLE JUDICIARY COUNCIL COMMITTED A GRAVE BUT REVERSIBLE 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 the complaint, 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 default will be taken against you for the relief demanded in the complaint. ________________________ Chief Justice ISSWS Judiciary Council

ISSWS Judicial Rules of Procedure

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INTEGRATED SOCIETY OF SOCIAL WORK STUDENTS (ISSWS) BAGUIO-BENGUET

INTEGRAL ACT NO. 1

Approved on this day of , 2012, at __________________________________________________________________

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