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SAINT LOUIS UNIVERSITY SCHOOL HUMANITIES DEPARTMENT OF SOCIAL WORK

PRIME MOVERS SOCIETY


Room 512, SSC-SOH Office, Dr. Waldo Perfecto Building, Saint Louis University (Main Campus), Andres Bonifacio Street, Baguio City

Judicial Rules of Procedure of 2010 Rule 1 General Provisions Section 1 Title of the Rules These Rules shall be known and cited as the Judicial Rules of Procedure. Section 2 Applicability These Rules shall be made applicable only in the Prime Movers Society Judicial Council. Section 3 Cases governed The following cases shall be heard en banc by the judicial council: a. Cases involving the interpretation of the Constitution and By-Laws b. Cases involving interpretation of legislations passed by the Assembly of Members or the PMS President c. Cases involving the interpretation of the scope of powers, rights, and duties of an Officer of the Prime Movers Society d. Cases involving the members rights, duties, and obligations under the Constitution Section 4 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. Section 5 Amendments Any amendment or on these Rules, only to be made by the Judicial Council itself, shall apply prospectively and shall not affect any vested rights of parties relying hereon. Rule 2 Parties Section 1 Who may be parties; complainant and respondent Only duly recognized member of the Prime Movers may be parties to case.

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The term complainant shall refer to the claiming part, or whose rights under the Constitution 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 real party in interest is one who stands to be benefited or injured by the judgment of the Judicial Council, or the party entitled to the avails thereof. All cases filed before the Judicial Council shall be prosecuted or defended in the name of the real 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 Judicial 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 Judicial Council for appropriate judgment. Section 2 Necessity of pleadings Pleadings are necessary to invoke the jurisdiction of the Judicial 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 period 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, and year level must be stated in the complaint.

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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 Section 2 Caption The caption sets for the Prime Movers Society and followed by the Judicial Council. The title of the action shall indicate the names of the 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 complaint 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 a 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, and Student Identification Number Every pleading shall be signed by the party or the representative, stating in either case his/her course, year level, and student identification number.

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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 Prime Movers Society Constitution and ByLaws, and laws passed by the Assembly of Members. Section 2 Actions based on official documents Whenever an action or defense is based on an official document, the substance of a 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 Judicial 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 Judicial 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 the date, place, and manner of service. Proof of filing and proof of service shall be attached in the pleading.

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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 compliant within 3 days after service of summons. Section 2 Extension of time to file an answer The Judicial Council may, upon such terms as may be just, allow an answer to be filed after the time fixed by these Rules, but shall not exceed 5 days after the lapse of the 3day period provided in the last preceding section. Rule 8 Summons Section 1 The Judicial Council to issue summons Upon filing of the complaint, the Judicial 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 Judicial Council, and shall contain: a. The name of the Judicial Council; b. Names 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 there from, serve a copy of the return personally, to the complainant, and shall return the summons to the Judicial Council who issued it, accompanied by proof of service.

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Rule 9 Judgment Section 1 Motu Propio 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 Judicial Council without justifiable cause; and d. The fact that the case is not one of the cases covered by the jurisdiction of the Judicial Council. Section 2 Rendition of judgments or final orders The Judicial 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 Judicial 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 Judicial 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 Judicial Council in the book of entries of judgments. The date of the finality of the judgment shall be deemed to be the date of its entry. The record shall contain the dispositive part of the judgment and shall be signed by the Judicial 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 other partys failure to plead shall be allowed, except when failure to notify the Judicial 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.

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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 not supported by evidence, or which are contrary to law, making express reference to documentary evidences or to the provisions of the Prime Movers Society Constitution and By-Laws or official acts of the Assembly of Members 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 once. 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 Judicial 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 Judicial Council who did not participate in the deliberations A member of the Judicial 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.

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Rule 11 Effectivity These Rules shall take effect on November 13, 2010. It shall govern all cases brought after it takes effect. All amendments to these Rules shall apply prospectively, shall be made solely to the Judicial Council en banc. Approved on this 11th day of November, 2010, in Saint Louis University, Bonifacio Street, Baguio City.

Authenticated by:

_______________________________ H.E. Hon. Eduard Aung Colod Kyu Jr.


President Prime Movers Society

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PRIME MOVERS SOCIETY JUDICIAL COUNCIL

EDUARD AUNG COLOD KYU JR., in his capacity as President of the Prime Movers Society, Complainant, -VersusBRYAN SOLOMON MATA-AN, in his capacity as Business Manager of the Prime Movers Society, Respondent,

CASE NO. ______

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 President of the Prime Movers Society for A.Y. 2010-2011, whereas respondent, BRYAN SOLOMON MATA-AN, is also a student of Saint Louis University, taking up B.S. Social Work with the I.D. No. 2108224, and is the incumbent Business Manager of the Prime Movers Society for A.Y. 2010-2011. 2. On November 10, 2010, the ExeCom, through complainant, as President, approved the request for the release of funds of the PMS Committee on Outreach for its operation entitled REACHING AND EMPOWERING CHILDREN IN NEED in the Municipality of Tuba at the Province of Benguet. The outreach was duly supported with documents, herein attached as ANNEX A, for its approval by the PMS ExeCom, and subsequently, by the university administration. The University Student Affairs Office, through a letter dated November 15, 2010, addressed by the Associate Dean for Men, Mr. Andrew S. Macalma, to herein complainant, stated that the approval of the PMS ExeCom was already authenticated by their office. 3. Complainant received a copy of the deliberations of the Dean, Mr. Gil S. Espiritu,and Associate Dean for Men, Mr. Andrew S. Macalma, of the Student Affairs Office with the PMS ExeCom on November 13, 2010, wherein it was indicated therein that the request for the approval of the release of funds were unanimously approved and authenticated. The committee deliberations report bore the signatures of the PMS ExeCom Officers, but without that of the Business Manager. 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 from the respondent to affix his signature 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.

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Despite repeated demands, respondent, without any reason whatsoever, did not want to affix his signature indicating his approval. 5. As a result of the immediacy for the operation and conduct of the said activity, which is to be conducted on December 3, 2010, herein complainant seeks from this Honorable Body relief under the prevailing laws of the Prime Movers Society by compelling the respondent, under pain of law, to comply with his duties as Business Manager of the Prime Movers Society. WHEREFORE, complainant prays that the Honorable PMS Judicial Council compel respondent, under pain of law, to comply with his duties as Business Manager of the Prime Movers Society. Complainant prays for such other just and equitable reliefs under the premises Saint Louis University, Baguio City, Philippines, this __th day of ___________.

EDUARD AUNG COLOD KYU JR. President Prime Movers Society I.D. No. 2102280

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