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F.

Non-Lawyers Authorized to Appear in unmarried and, if married, the name of the the lots and the names of adverse
Courts/ Quasi-Judicial Agencies husband or wife and the date of the marriage, claimants as far as known.
and shall also contain:
Rules of Court, Rule 138 Section 33 & Labor Code: Art. 222. Appearances
34 and Fees.
(a) The age of the claimant.
Sec. 33. Standing in court of persons a. Non-lawyers may appear before the
authorized to appear for Government. Commission or any Labor Arbiter only:
(b) The cadastral number of the lot or lots
- Any official or other person appointed or claimed, as appearing on the plan filed in 1. If they represent themselves; or
designated in accordance with law to the case by the Director of Lands, or the
appear for the Government of the block and lot numbers, as the case may 2. If they represent their organization
Philippines shall have all the rights of a be. or members thereof.
duly authorized member of the bar to
(c) The name of the barrio and b. No attorney’s fees, negotiation fees or
appear in any case in which said
municipality, township or settlement in similar charges of any kind arising from
government has an interest direct or any collective bargaining agreement shall
indirect. which the lots are situated.
be imposed on any individual member of
the contracting union: Provided, However,
Sec. 34. By whom litigation conducted. (d) The names of the owners of the that attorney’s fees may be charged
- In the court of a justice of the peace a adjoining lots as far as known to the against union funds in an amount to be
party may conduct his litigation in person, claimant. agreed upon by the parties. Any contract,
with the aid of an agent or friend appointed agreement or arrangement of any sort to
by him for that purpose, or with the aid of (e) If the claimant is in possession of the the contrary shall be null and void. (As
lots claimed and can show no express amended by Presidential Decree No.
an attorney. In any other court, a party may 1691, May 1, 1980)
grant of the land by the Government to
conduct his litigation personally or by aid of
him or to his predecessors in interest the
an attorney, and his appearance must be answer shall state the length of time he
either personal or by a duly authorized Department of Agrarian Reform
has held such possession and the
member of the bar. Adjudication Board (DARAB) –RA 6657 as
manner in which it has been acquired,
amended by RA 9700, Rule VI, Section 1
and shall also state the length of time, as
far as known, during which his
Section 1: Service of Pleadings, Notices, and
predecessors, if any, held possession.
Act 2259 (Cadastral Act) Section 9 Resources
(f) If the claimant is not in possession or a.) The party filling the pleading
SEC. 9. Any person claiming any interest in any subsequent to the complaint shall
part of the lands, whether named in the notice or occupation of the land the answer shall
fully set forth the interest claimed by him serve the opposing party with a copy
not, shall appear before the court by himself, or thereof in the manner provided for in
by some person in his behalf and shall file an and the time and manner of its
acquisition. these Rules and proof of such service
answer on or before the return day or within such shall be filled with the records of the
further time as may be allowed by the court. The case
answer shall be signed and sworn to by the (g) If the lots have been assessed for
claimant or by some person in his behalf, and taxation, their last assessed value.
shall state whether the claimant is married or (h) The incumbrances, if any, affecting
b.) Summons, notices, and copies of not an attorney to assist that party upon brought, arbitral proceedings may
resolutions, orders shall be served the latter's consent. nevertheless be commenced or
personally as far as practicable, or by continued, and an award may be made,
registered mail upon the party himself, Section 22 and 33 of the Alternative Dispute while the issue is pending before the
is counsel, or his duly authorized Resolution Act of 2004 (Republic Act 9285) court.
representative. However, notice to the
counsel is notice to the party himself SEC. 22. Legal Representation in Article 10 - Number of arbitrators
whether he is a complainant or International Arbitration. - In international
petitioner, or a defendant or arbitration conducted in the Philippines, a party 1. The parties are free to
respondent may be presented by any person of his determine the number of
choice. Provided, that such representative, arbitrators.
unless admitted to the practice of law in the
Local Government Code (RA 7160 Philippines, shall not be authorized to appear as 2. Failing such determination, the
[1991]), Section 415 counsel in any Philippine court, or any other number of arbitrators shall be
quasi-judicial body whether or not such three.
SECTION 415. Appearance of Parties in appearance is in relation to the arbitration in
Person. – In all katarungang which he appears. Article 11 - Appointment of arbitrators
pambarangay proceedings, the parties
must appear in person without the SEC. 33. Applicability to Domestic 1. No person shall be precluded
assistance of counsel or representative, by reason of his nationality from
Arbitration. - Article 8, 10, 11, 12, 13, 14, 18
except for minors and incompetents who acting as an arbitrator, unless
and 19 and 29 to 32 of the Model Law and
may be assisted by their next-of-kin who otherwise agreed by the parties.
Section 22 to 31 of the preceding Chapter 4 shall
are not lawyers.
apply to domestic arbitration.
2. The parties are free to agree
on a procedure of appointing the
Article 8 - Arbitration agreement and
arbitrator or arbitrators, subject to
Rules of Procedure for Small Claims substantive claim before court
the provisions of paragraphs (4)
Cases, A.M. 08-8-7-SC, Effective and (5) of this article.
October 1, 2008, Section 17 1. A court before which an action is
brought in a matter which is the subject
3. Failing such agreement,
Section 17. Appearance of Attorneys Not of an arbitration agreement shall, if a
Allowed. - No attorney shall appear in party so requests not later than when
(a) in an arbitration with three
behalf of or represent a party at the submitting his first statement on the
arbitrators, each party shall
hearing, unless the attorney is the plaintiff substance of the dispute, refer the
appoint one arbitrator, and the
or defendant. parties to arbitration unless it finds that
two arbitrators thus appointed
the agreement is real and void,
shall appoint the third arbitrator; if
inoperative or incapable of being
If the court determines that a party cannot a party fails to appoint the
performed.
properly present his/her claim or defense arbitrator within thirty days of
and needs assistance, the court may, in its receipt of a request to do so from
2. Where an action referred to in
discretion, allow another individual who is the other party, or if the two
paragraph (1) of this article has been
arbitrators fail to agree on the
third arbitrator within thirty days 5. A decision on a matter doubts as to his impartiality or
of their appointment, the entrusted by paragraph (3) and independence, or if he does not
appointment shall be made, upon (4) of this article to the court or possess qualifications agreed to
request of a party, by the court or other authority specified in article by the parties. A party may
other authority specified in article 6 shall be subject to no appeal. challenge an arbitrator appointed
6; The court or other authority, in by him, or in whose appointment
appointing an arbitrator, shall he has participated, only for
(b) in an arbitration with a sole have due regard to any reasons of which he becomes
arbitrator, if the parties are qualifications required of the aware after the appointment has
unable to agree on the arbitrator, arbitrator by the agreement of the been made.
he shall be appointed, upon parties and to such
request of a party, by the court or considerations as are likely to Article 13 - Challenge procedure
other authority specified in article secure the appointment of an
6. independent and impartial 1. The parties are free to agree
arbitrator and, in the case of a on a procedure for challenging an
4. Where, under an appointment sole or third arbitrator, shall take arbitrator, subject to the
procedure agreed upon by the into account as well the provisions of paragraph (3) of this
parties, advisability of appointing an article.
arbitrator of a nationality other
(a) a party fails to act as required than those of the parties. 2. Failing such agreement, a
under such procedure, or party which intends to challenge
Article 12 - Grounds for challenge an arbitrator shall, within fifteen
(b) the parties, or two arbitrators, days after becoming aware of the
are unable to reach an 1. When a person is approached constitution of the arbitral tribunal
agreement expected of them in connection with his possible or after becoming aware of any
under such procedure, or appointment as an arbitrator, he circumstance referred to in article
shall disclose any circumstances 12(2), send a written statement of
(c) a third party, including an likely to give rise to justifiable the reasons for the challenge to
institution, fails to perform any doubts as to his impartiality or the arbitral tribunal. Unless the
function entrusted to it under independence. An arbitrator, challenged arbitrator withdraws
such procedure, from the time of his appointment from his office or the other party
and throughout the arbitral agrees to the challenge, the
any party may request the court proceedings, shall without delay arbitral tribunal shall decide on
or other authority specified in disclose any such circumstances the challenge.
article 6 to take the necessary to the parties unless they have
measure, unless the agreement already been informed of them by 3. If a challenge under any
on the appointment procedure him. procedure agreed upon by the
provides other means for parties or under the procedure of
securing the appointment. 2. An arbitrator may be paragraph (2) of this article is not
challenged only if circumstances successful, the challenging party
exist that give rise to justifiable may request, within thirty days
after having received notice of Article 18 - Equal treatment of parties
the decision rejecting the Article 32 - Termination of
challenge, the court or other The parties shall be treated with proceedings
authority specified in article 6 to equality and each party shall be
decide on the challenge, which given a full opportunity of 1. The arbitral proceedings are
decision shall be subject to no presenting his case. terminated by the final award or
appeal; while such a request is by an order of the arbitral tribunal
pending, the arbitral tribunal, Article 19 - Determination of rules of in accordance with paragraph (2)
including the challenged procedure of this article.
arbitrator, may continue the
arbitral proceedings and make an 1. Subject to the provisions of this 2. The arbitral tribunal shall issue
award. Law, the parties are free to agree an order for the termination of the
on the procedure to be followed arbitral proceedings when:
Article 14 - Failure or impossibility to by the arbitral tribunal in
act conducting the proceedings. (a) the claimant withdraws his
claim, unless the respondent
1. If an arbitrator becomes de jure 2. Failing such agreement, the objects thereto and the arbitral
or de facto unable to perform his arbitral tribunal may, subject to tribunal recognizes a legitimate
functions or for other reasons the provisions of this Law, interest on his part in obtaining a
fails to act without undue delay, conduct the arbitration in such final settlement of the dispute;
his mandate terminates if he manner as it considers
withdraws from his office or if the appropriate. The power (b) the parties agree on the
parties agree on the termination. conferred upon the arbitral termination of the proceedings;
Otherwise, if a controversy tribunal includes the power to
remains concerning any of these determine the admissibility, (c) the arbitral tribunal finds that
grounds, any party may request relevance, materiality and weight the continuation of the
the court or other authority of any evidence. proceedings has for any other
specified in article 6 to decide on reason become unnecessary or
the termination of the mandate, Article 29 - Decision-making by panel impossible.
which decision shall be subject to of arbitrators
no appeal. 3. The mandate of the arbitral
In arbitral proceedings with more tribunal terminates with the
2. If, under this article or article 13 than one arbitrator, any decision termination of the arbitral
(2), an arbitrator withdraws from of the arbitral tribunal shall be proceedings, subject to the
his office or a party agrees to the made, unless otherwise agreed provisions of articles 33 and 34
termination of the mandate of an by the parties, by a majority of all (4).
arbitrator, this does not imply its members. However, questions
acceptance of the validity of any of procedure may be decided by
ground referred to in this article or a presiding arbitrator, if so
article 12 (2). authorized by the parties or all
members of the arbitral tribunal.

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