PCAB RULES OF PROCEDURE

(For Administrative Investigative Proceedings Of Contractors)

Pursuant to the provisions of RA 4566, otherwise known as the

Contractors' License Law, the following Rules of Procedure governing
administrative investigative proceedings before the Philippine Contractors
Acrreditation Board are hereby adopted and promulgated:

RULE I
TITLE AND CONSTRUCTION

SECTION 1. TITLE OF THE RULES. –

These Rules shall be known as the “THE PCAB RULES OF

PROCEDURE, FOR ADMINISTRATIVE INVESTIGATIVE
PROCEEDINGS OF CONTRACTORS”

SECTION 2. CONSTRUCTION. –

These Rules shall be construed to carry out the objectives of RA 4566 or

the Contractors' License Law, and shall be strictly construed against
contractors, to assist the public in obtaining just, expeditious and inexpensive
resolution and settlement of their complaints against PCAB licensed
contractors.

SECTION 3. SUPPLETORY APPLICATION OF THE RULES OF COURT. –

In the absence of any applicable provision in these Rules, and in order to

effectuate the objectives of RA 4566, the pertinent provisions of the Rules of
Court of the Philippines may, in the interest of expeditious dispensation of
justice and whenever practicable and convenient, shall be applied by analogy or
in a suppletory character and effect.

RULE II
DEFINITION OF TERMS

SECTION 1. DEFINITIONS. –

The terms and phrases defined in RA 4566 and its IRR, shall be given
the same meanings when used herein.
 RULE III
PLEADINGS, NOTICES AND APPEARANCES

SECTION 1. COMPLAINT. –

a. A complaint or petition is a pleading alleging the cause or causes of

action of the complainant or petitioner. The names and addresses of all
complainants or petitioners and respondents must be stated in the
complaint or petition. The facts of the case and supporting documents
proving the cause of action if any, should also be included in the
complaint.

b. A party having more than one cause of action against a contractor,

arising out of the same relationship, shall include all of them in one
complaint or petition.

SECTION 2. ANONYMOUS AND LETTER COMPLAINTS –

Anonymous and Letter complaints shall be entertained only upon the

presence of all the following requirements:

a. The complaint is complete in itself

b. There is obvious truth or merit to the allegations
c. The allegations are supported by documentary and/or direct evidence
d. The allegations may be verified by documents which are readily available
for verification

If all the above requirements are present, PCAB shall make an

investigation on the matter and require the contractor to comment on the
complaint and verified documents available.

Cases arising from an anonymous and letter complaints shall be

treated as cases which shall be initiated by PCAB under its investigative
powers and post verification processes. The contractor shall be the respondent
and PCAB shall be the complainant under its investigative and disciplining
powers.

SECTION 3. CAPTION AND TITLE. –

1. In all cases filed, the party initiating the action shall be called the
"Complainant" or "Petitioner", and the complained- licensed contractor the
"Respondent".

2. Except for anonymous and letter complaints, the full names of all
the parties, whether natural or juridical persons or entities authorized by law,
shall be stated in the caption of the complaint or petition, as well as in the
resolutions of the Board.
SECTION 4. FILING AND SERVICE OF PLEADINGS. –

a. All pleadings in connection with a case shall be filed in PCAB via the
Monitoring and Enforcement Division.

b. Except for the initiatory pleading or complaint, every party

filing a pleading shall serve the opposing party with a copy and its
supporting documents.

c. Except for initiatory pleadings, no pleading shall be considered without

proof of service to the opposing parties. Pleadings filed and
simultatenuously served the other party, during a scheduled hearing set
before the PCAB Monitoring and Enforcement Division, shall also be
considered.

SECTION 5. SERVICE OF NOTICES, RESOLUTIONS, ORDERS, DECISIONS

AND OTHER OFFICE PROCESSES. –

a. Notices and copies of resolutions, shall be served upon the parties within
ten (10) business days from the issuance of the Board Resolution by
email, registered mail or by private courier;

b. In cases where a party to a case or his counsel on record personally seeks

service of the decision upon inquiry thereon, service to said party shall
be deemed effected as herein provided.

 A party to a case or his counsel of record can personally seek

service of the decision upon inquiry only upon a written formal
request to PCAB addressed to the Monitoring and Enforcement
Division.

For purposes of filing Motions for Reconsiderations, the period shall be

counted from the receipt of the decision or resolution by the counsel or
representative of record.

SECTION 6. APPEARANCES. –

a. A lawyer appearing for a party should be properly authorized for that

purpose and enter his/her formal entry of appearance. In every case,
he/she shall indicate in his/her pleadings and motions his/her
Attorney’s Roll Number, as well as his/her PTR and IBP numbers for the
current year and MCLE compliance.
 b. A non-lawyer may appear in any of the proceedings before the PCAB
investigating officer but should be properly authorized by the party in
writing. Provided that: in cases where the party is a corporation, the
non-lawyer must be authorized via a notarized certification issued by the
board secretary and attested to by the president of the corporation
stating that the bearer is authorized to represent the said corporation in
said case;

c. In case of change of address, the counsel or representative shall file a

notice of such change, copy furnished the adverse party and counsel or
representative, if any.

d. Any change or withdrawal of counsel or authorized representative shall

be made in accordance with the Rules of Court.

SECTION 7. AUTHORITY TO BIND PARTY -

A party’s counsel or other authorized representatives of parties shall

have the authority to bind their clients in all matters of procedure. They cannot
however without a special power of attorney or express consent, enter into a
compromise agreement with the opposing party in full or partial discharge of a
client's claim.

RULE IV
MONITORING AND ENFORCEMENT DIVISION

SECTION 1. ASSIGNMENT OF CASES. –

The PCAB Monitoring and Enforcement Division shall perform the

investigative functions for and in behalf of the Board. All complaints and
petitions filed with PCAB shall be immediately routed to the Monitoring and
Enforcement Division from receipt thereof.

SECTION 2. CONSOLIDATION OF CASES AND COMPLAINTS. –

Where there are two or more cases or complaints involving the same
respondent contractor/s with a common principal cause/s of action, or the
same parties with different causes of action, the subsequent cases or complaints
shall be consolidated with the first to avoid unnecessary costs or delay.

In case an objection is filed against the consolidation, the same shall be

resolved by the Monitoring and Enforcement Division noted by the PCAB
Executive Director and approved by the BOARD.

An order resolving a motion or objection to consolidation can be

appealed only once via a motion for reconsideration, with a prescriptive period
of ten (10) days).

SECTION 3. NATURE OF PROCEEDINGS. –

 The proceedings before the PCAB Monitoring and Enforcement Division
shall be non-litigious in nature. Subject to the requirements of due process, the
technicalities of law, procedure and the rules obtaining in the courts of law shall
not strictly apply thereto.

The investigating officer shall avail of all reasonable means to ascertain

the facts of the controversy speedily, including but not limited to clarificatory
hearings, witness interview, ocular inspection and examination of well-
informed persons.

SECTION 4. ISSUANCE OF SUMMONS. –

Within ten (10) business days from receipt of a complaint or amended

complaint, the Monitoring and Enforcement Division shall issue the required
summons, attaching thereto a copy of the complaint or amended complaint and
its annexes, if any.

The summons shall specify the date, time and place of the initial hearings
with two (2) settings. And the instructions for filing their Answer, Explanations
and Comments.

SECTION 5. PROHIBITED PLEADINGS AND MOTIONS. –

The following pleadings and motions shall not be allowed and acted upon
nor elevated to the BOARD:

i. Motion to dismiss the complaint;

ii. Motion for a bill of particulars;
iii. Motion for new trial;
iv. Petition for Relief from Judgment
v. Motion to declare respondent in default;
vi. Such other pleadings, motions and petitions of similar nature intended
to circumvent above provisions

to, an ORDER:

i. denying a motion to dismiss;

ii. denying a motion to inhibit;
iii. denying a motion for issuance of writ of execution; or
iv. denying a motion to quash writ of execution.
v. Such other pleadings, motions and petitions of similar nature intended
to circumvent above provisions.

SECTION 6. NON-APPEARANCE OF PARTIES. –

 a. The non-appearance of the complainant or petitioner during the settings
for hearing scheduled in the summons, despite due notice thereof, shall
be a ground for the dismissal of the case without prejudice.

b. In case of non-appearance by the respondent during the scheduled

hearings despite being duly served with summons, he/she shall be
considered to have waived his/her right to file its answer and
explanation. In such cases, the Monitoring and Enforcement Division
shall immediately terminate the proceedings and the Board shall
thereupon render its Resolution/Decision on the basis of the evidence
on record.

SECTION 7. DETERMINATION OF NECESSITY OF HEARING OR

CLARIFICATORY CONFERENCE. –

Immediately after the submission by the parties of their pleadings, the

investigation officer shall motu proprio, determine whether there is a need for
a hearing or clarificatory conference.

At this stage, the investigating officer may, at his discretion and for the
purpose of making such determination, ask clarificatory questions to further
elicit facts or information, including but not limited to the subpoena of relevant
documentary evidence, if any, from any party or witness.

SECTION 8. NON-APPEARANCE OF PARTIES, AND POSTPONEMENT OF

HEARINGS AND CLARIFICATORY CONFERENCES.

a. The parties and their counsels appearing before the investigating officer
of the Monitoring and Enforcement Divsion shall be prepared for
continuous hearing or clarificatory conference. No postponement or
motions for continuance shall be allowed, except upon meritorious
grounds.

b. In case of non-appearance of any of the parties during the hearing or

clarificatory conference despite due notice, proceedings shall be
conducted ex-parte. Thereafter, the case shall be deemed submitted for
decision.

SECTION 9. SUBMISSION OF THE CASE FOR DECISION. –

 Upon the submission by the parties of their pleadings or replies, or the
lapse of the period to submit the same, the case shall be deemed submitted for
decision.

SECTION 10. FINALITY OF THE DECISION

If no Motion for Reconsideration is filed within the time provided under

this rules, the decision or order of the Board shall become final and executory
after ten (10) calendar days from receipt thereof by the counsel or authorized
representative or the parties if not assisted by counsel or representative.

SECTION 11. REVIVAL AND RE-OPENING OR RE-FILING OF DISMISSED

CASE and LIFTING OF WAIVER. –

A party may file a motion to revive or re-open a case dismissed without

prejudice, within ten (10) calendar days from receipt of notice of the order
dismissing the same; otherwise, the only remedy shall be to re-file the case.

RULE V
EXECUTION OF DECISION/RESOLUTION

SECTION 1. EXECUTION UPON FINALITY OF DECISION OR ORDER.

a. Upon finality to the resolution or decision as the case may be, the same
shall be executed immediately.

b. Notwithstanding a Motion for Reconsideration, resolutions involving

suspension or revocation of licenses shall be immediately executed and
the contractor and necesary gvernment agencies shall be informed
accordingly. The same resolution and decision shall be reflected in the
records of PCAB including the PCAB website.

c. If a motion for reconsideration is duly perfected and finally resolved, the

resolution thereof shall thereafter be immediately executory.

RULE VI
ADMINISTRATIVE SANCTIONS

Section 1. IMPOSITION OF PENALTIES.

The Board by authority of RA 4566 may, after hearing, impose the

following administrative penalties and fines.

 Revocation and cancellation of license

 Downgrading of license
 Suspension of license
 Blacklisting of Contractor from entering into Govt. Projects
  Fines shall not be less than Five Hundred Pesos (P500.00) nor
more than Five Thousand Pesos (P5,000.00) to ensure
compliance with decisions, orders or awards.
 Filing of Criminal Action
 Suspension and Blacklisting as STE or AMO

RULE VII
EFFECTIVITY

SECTION 1. EFFECTIVITY. -

These Rules shall take effect fifteen (15) days after publication in two (2)
newspapers of general circulation.

(signed)
PERICLES P. DAKAY
Chairman

(signed) (signed)
ARTHUR N. ESCALANTE FILOMENO H. CASTILLO, Jr.
Member Member

Attested:

(signed) (signed)
HERBERT DG. MATIENZO SERGIE T. RETOME
Executive Director Board Secretary

CONSTRUCTION
FFICE INDUSTRY AUTHORITY OF THE PHILIPPINES | PHILIPPINE CONTRACTORS ACCREDITATION BOARD
An Attached Agency of the Department of Trade and Industry
5F Executive Building Center (+632) 895.4258, (+632) 895.4220 +639178482427
369 Sen. Gil J. Puyat Ave., Makati City 1209, Philippines ciap.dti.gov.ph [email protected]
[email protected]

Published in the Philippine Star on 25 March 2019 and in the Manila

Bulletin on 06 April 2019 | Effective: 21 April 2019