ORDINANCE NO: 2003-232 "AN ORDINANCE ESTABLISHING THE RULES OF PROCEDURES GOVERNING THE HEARING OF COMPLAINTS BEFORE THE OFFICE OF THE CITY ZONING ADMINISTRATOR OF PAGADIAN CITY" Be it ordained by the 7th City Council (Sangguniang Panlungsod) of Pagadian City in session assembled that: RULE I - TITLE AND CONSTRUCTION SECTION 1. Title. - These Ordinance shall be known as "The Rules of Procedure Governing Hearing of Complaints before the City Zoning Administrator of Pagadian City." SECTION 2. Construction. - These rules shall be liberally construed to carry out the objectives of Executive Order No. 648 and Letter of Instruction (LOI) No. 729. The Rules of Court cannot be applied except by analogy or in suppletory character and effect. The nature of proceedings before the City Zoning Administrator (CZA) shall be non-litigious and summary in nature without regard to technicalities of laws and procedures obtaining in courts of laws. RULE 2 - JURISDICTION OF ZONING ADMINISTRATOR SECTION 3. Jurisdiction. - The City Zoning Administrator shall have jurisdiction to hear and decide complaints regarding zoning within the City of Pagadian. RULES 3 - PARTIES SECTION 1. Caption and Title. - The full name of all parties as far as they are known shall be stated in the caption of the original pleading, resolution/order, or decision and in all summons, notices and other processes to be served upon them. The Caption shall be as follows: "Republic of the Philippines Pagadian City OFFICE OF THE CITY ZONING ADMINISTRATOR Applicant -versus- OCZA Case No. For (State nature or action) x x COMPLAINT ANSWER POSITION PAPER/MEMORANDUM" SECTION 2. Where to File Pleading. - All pleadings shall be filed with the City Zoning Administrator. SECTION 3. Number of Copies of Pleading. - The party filing the pleading shall serve the opposing party/parties with a copy thereof in the manner provided for in these rules. SECTION 4. Appearances. - All appearances shall be made in writing signed by the person as appearing and duly filed. A copy of the Notice of Appearance shall be served upon the complainant/opposing party/parties or his duly authorized representatives or attorney as the case maybe. SECTION 5. Appearance of Lawyer. - Lawyers may appear before the Zoning Administrator only: If they represent themselves, or If they represent their organization or to members provided that they are bonafide members of the organization they seek to represent and that they are actually authorized to represent such organization by its members. RULES VI - PROCEDURE OF HEARING BEFORE THE CITY ZONING ADMINISTRATOR SECTION 1. Notice of Parties. - Immediately upon receipt by the City Zoning Administrator of the complaint/opposition they shall, within two (2) working days notify or summon the parties by any available means of communication or by personal services, specifying the date or dates and place for arbitration. SECTION 2. Disclosure or Position and Proof Required. - Any parties so notified or summoned under the proceeding section shall be required to present his position paper and under oath within 15 days upon receipt of the notice or summon together with supporting proof and/or the nature of the testimony of the witness or witnesses intended to be presented. SECTION 3. Determination of Necessity for Hearing. - Immediately after disclosure of the position of the parties and the nature of their supporting proof, the City Zoning Administrator shall determine whether there is still a necessity of a formal hearing or investigation. The City Zoning Administrator at this state may, at his discretion, elicit pertinent facts or information by question or otherwise as directed to any party or witness Such facts or information so elicited may serve as a basis for his clarification, simplification and limitation of the issue or issues. If he finds no necessity of further hearing or investigation, the City Zoning Administrator shall state the reason for such course of action and shall render his decision or resolution within a period of ten (10) working days thereafter. Should the City Zoning Administrator find it necessary to conduct a formal hearing or investigation, he shall set the date or dates for the same, during which the Guidelines for the presentation of evidence consistent with these rules shall be used. He shall then render his decision or resolution on the date or dates as set. SECTION 4. Limitation on Presentation of Evidence. - The City Zoning Administrator shall limit the presentation of evidence and testimonies to matters relevant to the issue pending before him. He may cross-examine the witnesses or ask question relevant to those issues and may require the parties to submit affidavits and counter-affidavits to abbreviate the proceedings. SECTION 5. Parties Not To Be Represented by Counsel or Represented by Representatives. - In any such proceeding before the City Zoning Administrator, any party shall not be represented by counsel or representative. It shall be the duty and obligation of the Zoning Administrator to examine and cross-examine witnesses on behalf of the parties and to assist in the orderly presentation of evidence. RULE VII - DECISION SECTION 1. Content or Awards, Order or Decision. - The decision/order of the City Zoning administrator shall contain a statement of facts of the case, the issue or issues involved, his conclusion of law and the specific remedy or relief granted. SECTION 2. Requirements to Furnish Copies of Decision. - After a case has been decided or resolved by the City Zoning Administrator, a copy of his order/decision shall be furnished to the Office of the City Mayor and the Office of the Sangguniang Panlungsod. RULE VIII - APPEALS SECTION 1. How Appeal Taken. - An appeal from the decision of the City Zoning Administrator shall be taken within a reasonable time but not to exceed thirty (30) days from receipt of the notice of the decision or action. SECTION 2. Whom to Appeal Decision. - Any person aggrieved by the decision of the City Zoning Administrator concerning the interpretation, administration and enforcement of the Zoning Ordinance of 2001 may appeal to the Zoning Board of Appeals created pursuant to Article XI, Section 72 of the Ordinance whose decision shall be definite, final and executory. ENACTED AND APPROVED by the Sangguniang Panlungsod (7th City Council) of Pagadian City on its 102nd Regular Session held on October 15, 2003 at the Sangguniang Panlungsod Session Hall.