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Clarificatory hearing, C6S22 CPRA

Section 22, Canon VI

SECTION 22. Clarificatory hearing. – Within ten (10) calendar days from receipt of the last position paper, the Investigating Commissioner shall determine whether there is a need to conduct a hearing to clarify factual issues and confront witnesses.
If deemed necessary, the Investigating Commissioner shall set the hearing within fifteen (15) calendar days from such determination, and identify the factual issues to be made subject of the hearing.
The Investigating Commissioner may subpoena any witness to appear at the hearing to answer clarificatory questions. Thereafter, the Investigating Commissioner may allow the parties to confront the witnesses and propound their own clarificatory questions on the factual issues identified by the Investigating Commissioner.
The clarificatory hearing may be done in-person or through videoconferencing. If it is conducted in-person, the clarificatory hearing shall be done at the most convenient venue for the parties.
The clarificatory hearing shall be terminated within thirty (30) calendar days from its commencement. (2023 Code of Professional Responsibility and Accountability or CPRA)

1. Clarificatory hearing

a. Necessity

Under this section, within 10 calendar days from receipt of the last position paper, the Investigating Commissioners are required to “determine whether there is a need to conduct a hearing to clarify factual issues and confront witnesses”

1) Hearing

If the Investigating Commissioners deem it necessary, a hearing will be set “within fifteen (15) calendar days from such determination, and identify the factual issues to be made subject of the hearing.”

2) 30-calendar period

The clarificatory hearing is required to be “terminated within thirty (30) calendar days from its commencement.”

b. Subpoena power

The Investigating Commissioner has the power to issue subpoena against “any witness to appear at the hearing to answer clarificatory questions.”

c. Examination of witnesses

The parties are allowed “to confront the witnesses and propound their own clarificatory questions on the factual issues identified by the Investigating Commissioner.”

c. Mode

The clarificatory hearing may be done either:

1) In-person; or

2) Videoconferencing.

1) In-person

If in-person, “the clarificatory hearing shall be done at the most convenient venue for the parties.”

References

Canon VI, 2023 Code of Professional Responsibility

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