Highlights
of the 2004 Rules of Procedure
The salient features of the proposed 2004 Rules of Procedure are, to wit:
- Inclusion of entirely new rules
for: Election contests - Rule VI; Derivative suit - Rule VII; Examination
of corporate books and records - Rule VIII; Management committee - Rule IX
- Deletion of Section 5 of Rule
III relative to the definition and enumeration of projects of national significance
for its incorporation in a separate administrative issuance;
- Inclusion of additional powers
for arbiters under Section I of Rule VIII now Rule XII in the proposed rules
owing to HLURB's exercise of jurisdiction over HOA cases;
- Inclusion of explicit incidental
powers for the Board on the enlistment of aid and support of all enforcement
agencies of the government;
- Changing Petition for Review under
Rule XII to Appeal now Rule XVI;
- Deletion of Rule XVII, Proceedings
before the Board of Commissioners, the same being internal to the Board and
for its incorporation in a separate administrative issuance;
- Deletion of Entry of Judgment
under Rule XIX now Rule XXII Finality of Judgment, for its non observance;
- Re-insertion of the provision
of the applicability of the Rules of Court;
- Provision for an alternative mode
of service of summons, i.e. by registered mail and by publication in Section
2 of Rule III;
- New section on outright dismissal
of the complaint for lack of jurisdiction and for insufficiency in form and
substance as Section 3 of Rule III;
- Requirement of verification for
answer/responsive Pleading in Section 4 Rule III;
- Deletion of the provision for
automatic lifting of the order of default upon respondents filing of motion
and a requirement of fraud, accident mistake or excusable neglect as grounds
for lifting of default in Section 2 Rule V;
- Introduction of a new section
on the effect of the order of default and its lifting as Section 3 Rule V;
- A requirement for HOA cases to
have passed the grievance committee of the association Section 1 Rule X.