ATENEO STUDENT JUDICIAL COURT

MVP 221, Ateneo de Manila University Loyola Schools

Katipunan Ave., Loyola Heights, Quezon City

Rules of Court
Pursuant to Article XIII, Section 9 of the Constitution of the Undergraduate Students of the
Ateneo de Manila Loyola Schools, the Student Judicial Court hereby adopts the following
Rules of Court:
[17 May 2014]
TITLE I

DEFINITION AND ADOPTION OF THE RULES OF COURT

1

Denition of the Rules of Court

These Rules of Court shall govern the order and procedure to be observed in all
proceedings before the Court. These rules shall define the rules of order directly
concerning the operations and duties of the Student Judicial Court.

Interpretation and Terminologies

Within these Rules of Court, unless contrary intention appears,
(a) Undergraduate Constitution means the Constitution of the Undergraduate
Students of the Ateneo de Manila Loyola Schools, as currently in operation;
(b) Sanggunian means the Sanggunian ng mga Mag-aaral ng mga Paaralang
Loyola ng Pamantasang Ateneo de Manila as provided for by the
Undergraduate Constitution;
(c) Loyola Schools means the Loyola Schools of the Ateneo de Manila
University;
(d) court means the Student Judicial court as provided for by the Undergraduate
Constitution;
(e) rules means these Rules of court itself;
(f) regular school days mean days where there are classes, as provided in the
academic calendar of the Loyola Schools, that have not been subsequently
suspended by either the government or the Loyola Schools administration;
(g) words importing the masculine gender also include the feminine and words
importing the feminine also include the masculine;
(h) words in the singular also include the plural and words in the plural also
include the singular.

STUDENT JUDICIAL COURT

RULES OF COURT

Amendments
Amendments to these rules, in whole or in part, may be proposed by any magistrate
or member of the court. All proposals for amendments or revisions must pass at least
a two-week reading period before being adopted by a vote of two-thirds of the
magistrates.

Court Recess
The court shall be in recess during all official national holidays declared by the
Philippine government, official school holidays, and any other day as may be
declared by the court for sufficient reasons.

Suspension of the Rules

When questioned or in cases of urgency, these rules in whole or in part, may be
suspended for a period not exceeding one semester by a vote of two-thirds of the
magistrates.

6
(1)

Applicable Laws
In determining cases related to the internal governance of the Sanggunian, the
Undergraduate Constitution and its by-laws are given primary application.

(2)

Only in instances where either Undergraduate Constitution or its by-laws are silent
may Philippine law and jurisprudence apply, giving them merely suppletory
application.

(3)

The application of Philippine law and jurisprudence in subsection (2) refers to nal
and unchallenged decisions in administrative cases concerning public ocials.

STUDENT JUDICIAL COURT

RULES OF COURT

TITLE II

QUORUM AND ATTENDANCE AT HEARINGS

7

Quorum
(1) A quorum shall be constituted when fty percent plus one (50%+1) of all the voting
magistrates of the court are present at any hearing.
(2)

A quorum must be present before the court may conduct a hearing. Once a quorum
has been established, only those magistrates that participated in the entire hearing
may participate in the deliberation of the said hearing.

(3)

If a magistrate, departing from a hearing on the grounds of sudden academic

conicts, health reasons, family emergencies, or any other reason deemed valid and
excusable by the remaining voting magistrates, causes a loss of quorum, the Chief
Magistrate must postpone the remainder of the hearing until the next possible time
wherein the same magistrates can convene with a quorum.

A"endance
(1) All the members of the court are expected to a+end all hearings and trials.
(2)

Petitioners, respondents, and their respective counsels are expected to a!end all
hearings and trials where they are involved.

(3)

An absence at any hearing would only be excused on account of health reasons,

conicts with academic schedules, family emergencies, or other reasons that may be
deemed valid and excusable by a two-thirds vote of the magistrates, excluding the
magistrate who incurred the absence in question.

(4)

Failure to appear before the court in a hearing without valid excuse will be grounds
for being cited in contempt and the application of corresponding sanctions to be
determined by the magistrates and as is provided by law.

9
(1)

Inhibition
Any magistrate may choose to recuse himself from the proceedings of a case if he
nds that his personal association to the petitioner or the respondent, or any other
prevailing circumstance, would hinder him from making impartial decisions, and
such would not be considered truant. Such prevailing circumstances include cases
wherein the magistrate
(a) has personal knowledge of the disputed evidentiary facts concerning the
proceeding;
(b) is related within the sixth degree of consanguinity or within the fourth degree
of anity to a party to the case;
(c) or any of his association has a nancial interest in the subject ma1er or
controversy or in a party in a proceeding, or any other interest that could be
substantially aected by the outcome of the proceeding.

(2)

Magistrates who choose to recuse himself from the proceedings of a case must le a
formal le)er of inhibition to the Chief Magistrate. If the Chief Magistrate is the one
who decides to inhibit, then such le0er of inhibition must be submi0ed to the
remaining magistrates. Should the Chief Magistrate inhibit, he shall appoint an ad
interim Chief Magistrate to preside over the proceedings.

STUDENT JUDICIAL COURT

RULES OF COURT

(3)

A magistrate who is disqualied by the provisions of subsection (1), instead of

inhibiting from the proceeding, may disclose on the record the basis for
disqualication. If, on the basis of such disclosure, the parties to the case
independently of the magistrates participation, all agree in writing that the reason
for the inhibition is immaterial or insubstantial, the magistrate may then participate
in the proceeding. The agreement of the parties, signed by them, shall be
incorporated as part of the proceeding.

(4)

Communication between an inhibited magistrate and the court shall be limited to

administrative correspondence. In no way shall an inhibited magistrate try to
determine the proceedings of the case or contribute during its deliberations

STUDENT JUDICIAL COURT

RULES OF COURT

TITLE III

THE PETITION PROCESS

10

11

Petitioners and Respondents

(1) The party ling the wri0en petition shall be called the petitioner.
(2)

The party who is the subject of the petition shall be called the respondent.

(3)

Only persons and entities under the jurisdiction of the Undergraduate Constitution
may act as petitioners and respondents.

Content of Petitions
(1) Any undergraduate student of the Loyola Schools may submit a formal wri+en
petition against any Sanggunian ocial or entity regarding the constitutionality,
legality, or jurisdiction of their acts, policies, or resolutions.
(2)

The petitioner must le a printed petition with the Clerk of Court. The petition shall
include the following information, as applicable,
(a) The name and oce of the petitioner;
(b) The name and oce of the respondent;
(c) The cause of action which includes
(i) the alleged oense carried out by the respondent,
(ii) any act, policy, or resolution of the respondent whose constitutionality,
legality, or jurisdiction is disputed or is a ma)er of controversy;
(d) The legal basis which includes the title of the articles, sections, and subsections
of the Undergraduate Constitution or its by-laws that are suspected of being
violated;
(e) The pertinent facts which include
(i) the time, date, location, and other relevant circumstances in which the
alleged violation took place,
(ii) the information of any recourse taken or legal remedies exhausted prior to
petitioning the court;
(f) The evidentiary material which includes
(i) a list (with appropriate labels) of what general evidence the petitioner will
use against the respondent,
(ii) the original copies of evidentiary material, provided that the petitioner
keeps at least two sets of photocopies, all of which must be certied true
and original copies of the Clerk of Court, upon comparison with the
original copies;
(g) A preliminary list of witnesses to be called and the corresponding facts each
witness will testify to;
(h) The reliefs sought which includes the desired outcome of the petitioner
corresponding with the cause of action in subsection (c);
(i) The contact information of the petitioner.

(3)

Once the Clerk of Court receives the petition, he shall mark it with the time and date
of receipt and shall immediately notify the magistrates.

STUDENT JUDICIAL COURT

RULES OF COURT

12

Types of Petitions
(1) Only persons and entities under the jurisdiction of the Undergraduate Constitution
may le petitions before the court.
(2)

The following petitions may be led before the court

(a) Petition for Declaratory Relief. Anyone interested under any act or policy of a
Sanggunian ocial or entity, or whose rights are eected by a resolution or
policy may, before breach or violation thereof le a petition for declaratory
relief before the court to determine the question of constitutionality, legality, or
jurisdiction arising, and for a declaration of his rights or duties, thereunder.
(b) Petition for Injunction. Anyone interested under any act or policy of the
Sanggunian may le a petition for injunction when he requires relief due to the
presence of any act or resolution that, whether directly or indirectly, aects his
rights and well-being.
(c) Petition for Review. When any Sanggunian ocial or entity has decided to act or
has passed an act or resolution, without or in excess of their jurisdiction, or
with grave abuse of discretion amounting to lack or excess of jurisdiction, the
aected party may le a petition for review to petition the court to annul or
modify such decision and granting such incidental reliefs and law and justice
require.
(d) Petition for Compliance. When any Sanggunian ocial or entity unlawfully
neglects the performance of an act which the law or the court specically
enjoins as a duty, the aected party may le a petition for compliance to
petition the court to command the respondent, immediately or at some other
time specied by the court, to do the act required to be done to protect the
rights of the petitioner.
(e) Petition for Quo Warranto. Anyone may le a petition for quo warranto against
any ocer or entity of the Sanggunian upon complaint, or when he has good
reason to believe, that an ocer has usurped, intruded into, or unlawfully held
or exercised an oce or position.
(f) Impeachment Complaint. Anyone may le an impeachment complaint against
any ocer of the Sanggunian upon the exhaustion of all applicable
administrative remedies.
(g) Petition for Issuance of Subpoena. Any party to a case may petition the court to
issue a subpoena commanding any undergraduate student of the Loyola
Schools to appear and provide testimony during a hearing.
(h) Petition for Issuance of Subpoena duces tecum. Any party to a case may petition
the court to issue a subpoena duces tecum to command any undergraduate
student of the Loyola Schools to produce documents and allow its possession
and inspection by the court.

13
(1)

Deliberation Process for Petitions

The basis for deliberating on the merits of petitions shall be in accordance to these
rules. The court shall rule on the merits of a petition through a wri5en decision.
Should the court fail to meet the deadline prescribed by the Undergraduate

STUDENT JUDICIAL COURT

RULES OF COURT

Constitution for acting on petitions for impeachment or recall, the petition shall be
automatically dismissed.
(2)

The Clerk of Court, upon receipt of the petition, shall forward a copy of the petition
to the respondent. Anyone who is not a party to the case may deliver a copy of the
petition. An adavit of service must be submi5ed by the person who delivered the
petition to certify the receipt of the respondent.

(3)

Responses or motions may be submi0ed to the court within three (3) regular school
days from the time all the parties are informed of the petition, as stated in the
adavit of service led certifying the date and time of receipt.

(4)

The court shall rule through wri.en decision the merits of the petition. If the court
decides not to accept a petition, it shall provide the petitioner with a rationale.
Reasons for not considering a petition include, but are not limited to,
(a) a precedent set by a previous court ruling;
(b) the petition being moot;
(c) the lack of due merit which may include cases where the petition is plagued
with procedural or substantive inrmities;
(d) the petition being outside the courts jurisdiction.

(5)

14

Should the petition be accepted the court may decide to schedule and facilitate, prior
to the hearing itself, a hearing conference to which the parties are required to a5end.

Motions
(1) Motions by the parties in accordance to the petition led or the respondent upon
being notied of the petition must be led within three (3) regular school days and
must include the rationales for so.
(2)

Motions led by the parties in accordance to the decision released by the court on the
acceptance or rejection of a petition, upon being notied of the decision, must be
led within three (3) regular school days and must include the rationales for so.

(3)

Parties to a case may le motions which include, but are not limited to,
(a) a motion to dismiss where the respondent motions for the dismissal of the case,
wholly or partially, due to factual issues or procedural ma.ers;
(b) a motion for extension where either party may apply for the extension of a
period, deadline, or duration of a proceeding of the case should such
application be within reasonable grounds;
(c) a motion for a bill of particulars where the applicant motions the court to
command the adverse party to disclose all pertinent documents all parties to
the case should have access to should there be any that remain undisclosed at
the time of ling of the motion;
(d) a motion to quash where the applicant motions the dismissal of evidence for
reasons of irrelevance, invalidity, or insubstantiality.

STUDENT JUDICIAL COURT

RULES OF COURT

TITLE IV

RIGHTS OF THE PETITIONER AND THE RESPONDENT

15

Right of Notice
(1) The respondent is entitled to a copy of the petition and all pertinent documents
relevant to the case led by the petitioner before the court. The right to know of the
respondent regarding the nature of the petition shall be upheld at all times.
(2)

The petitioner and the respondent are entitled to receive copies of responses or
motions led before the court by one another.

(3)

The petitioner and the respondent both have the right to a notice of hearing, to be
delivered to them on the same day as the acceptance of a petition by the court.

16

Right of Response
The petitioner and the respondent both have the right to file motions and responses
before the court upon receipt of a petition and upon release of a court decision,
provided that such motions and responses are filed during the three-day limit
prescribed.

17

Right to Counsel
The petitioner and the respondent both have the right to be represented by their own
counsels, provided that such counsels are bona fide undergraduate students of the
Loyola Schools.

18

Right to Present Evidence and Witnesses

(1) The petitioner and the respondent both have the right to present evidentiary material
and call on witnesses.
(2)

Only bona de undergraduate students of the Loyola Schools may act as witnesses.

19

Right to Discovery of Evidence

The petitioner and the respondent both have the right to discovery of evidence, and
are entitled to request and receive all documentary evidence and a list of witnesses
which will be used by the opposing party in a hearing.

20

Right to an Impartial Tribunal

The petitioner and the respondent both have the right to request a magistrate to
inhibit himself from the proceedings, provided that they state the legal reason for
which said magistrates ability to render an impartial judgment may be questioned,
subject to section 9(1).

21

Right to a Hearing
(1) The petitioner and the respondent both have the right to present their arguments in
documentary form and call on witnesses to deliver testimony.
(2)

The petitioner and the respondent both have the right to call for a hearing to deliver
oral arguments.

(3)

Cases involving the impeachment of a Sanggunian ocial shall automatically have

hearings. The court reserves full discretion whether to hold a hearing for cases not
involving impeachment.

STUDENT JUDICIAL COURT

RULES OF COURT

22

Public Nature of Hearings

The petitioner and the respondent does not have the right to a private hearing, but
may present their concerns to the court. The court reserves full discretion in
determining attendance to the hearing.

23

Burden of Proof
The burden of proof lies with the petitioner; the respondent is presumed innocent
until proven guilty.

STUDENT JUDICIAL COURT

RULES OF COURT

TITLE V

HEARING PROCEDURE
24

Required Documents
(1) All parties to a case shall be responsible for the following documents
(a) A list of witnesses to be called at the hearing and the general facts to which
each witness will testify;
(b) A wri&en case brief which outlines
(i) the facts of the partys case,
(ii) the evidence to be presented at the hearing,
(iii) the arguments that counsel plants to present;
(c) All evidentiary material to be presented at the hearing;
(2)

25

The petitioner and the respondent shall submit these documents to the Clerk of
Court no later than three (3) regular school days before the hearing.

Hearing Agenda
(1) All hearings shall commence with
(a) a call to order where the Chief Magistrate shall call the hearing to order;
(b) a quorum roll call where the Clerk of Court shall take a roll call of the
magistrates present at the hearing to determine if a quorum has been
established.
(2)

For hearings not involving the impeachment of a Sanggunian ocial, such hearings
shall proceed by the reading of the Chief Magistrate of the ma#er of controversy
which includes the specic act, policy, or resolution in dispute.

(3)

For impeachment hearings, such hearings shall proceed with

(a) the Chief Magistrate reading the charges against the respondent as stated in
the accepted impeachment complaint led by the petitioner;
(b) the plea of the respondent where the Chief Magistrate will ask the respondent
whether he pleads guilty whereupon the court shall proceed with
adjournment or not guilty whereupon the court shall proceed with the
hearing.

(4)

The petitioner and the respondent, in that particular order, shall then introduce the
arguments they intend to prove during the hearing in the form of an opening
statement. The opening statement shall be limited to an outline of the case and shall
not itself constitute as testimony.

(5)

The witnesses of both parties shall then be examined by the party that brought them
to court and then be cross-examined by the adverse party.

(6)

The petitioner and the respondent, in that particular order, shall then present a
summary of their respective cases in the form of closing arguments. No new
evidence may be admi,ed during closing arguments.

(7)

The Chief Magistrate shall then adjourn the hearing.

STUDENT JUDICIAL COURT

10

RULES OF COURT

26

Judicial Examination
During hearings, the magistrates reserve the right to question the petitioner and the
respondent and to interrupt examinations and cross-examinations to directly
question witnesses.

27

Witnesses
(1) The petitioner and the respondent shall have the right to present witnesses and to
confront and cross-examine witnesses.

28

(2)

No witness shall be compelled to incriminate or bear witness against himself.

(3)

Wri$en testimony from witnesses unavailable to testify at a hearing shall be

accorded less weight because the witness will be unavailable for cross-examination.

(4)

Witnesses shall not enter the hearing room until called upon to testify and may not
partake in the rest of the hearing unless recalled for further testimony.

(5)

The respondent has the right to remain silent and such silence shall not be taken as
evidence of fault or culpability.

(6)

Witnesses shall limit their testimony to the questions posed.

(7)

The petitioner and the respondent shall not be referred to as witnesses but may give
testimony and be subject to cross-examination.

Motions during Hearings

(1) The petitioner and the respondent may, by themselves or through their respective
counsels, verbally
(a) motion to continue the hearing at a later time in cases of absences that a2ack
the impartiality of the hearing, in cases of emergencies, or if the court
proceedings expend too much time, thereby causing reasonable
inconveniences to the parties involved;
(b) motion to suppress a witness if a witness is found to hold no signicance or
relevance to the case;
(c) motion to recess if there is a need to call for a brief and temporary adjournment
whose duration shall be ultimately determined by the Chief Magistrate, after
which court proceedings will resume;
(d) motion to suspend the agenda if proceeding with such agenda becomes
unfavorable to the progression of court proceedings;
(2)

The petitioner and the respondent or their respective counsel shall state the type of
motion they wish to raise and the reason for doing so after the Chief Magistrate
grants them recognition.

STUDENT JUDICIAL COURT

11

RULES OF COURT

TITLE VI

CASE DELIBERATIONS AND NOTIFICATION OF RULING

29

30

Deliberations
(1) Deliberations on cases shall take place in a closed session after the hearing is
adjourned. The ndings and recommendations of the court shall be based solely
upon the evidence received at the hearing, and guilt shall be based upon the
preponderance of evidence.
(2)

Only magistrates shall be present during deliberations and the minutes of such
deliberations shall be kept in strict condence. The majority opinion is the opinion
agreed upon by a two-thirds majority and shall become binding.

(3)

In case of a deadlock, or if the magistrates fail to arrive at an eective decision with a

two-thirds majority, status quo ante shall be upheld and it shall be considered as
though the petition or appeal was dismissed. Nothing however in the acts of the
court shall be taken to imply such action to be a ma!er of rejection of a petition or
appeal, unless otherwise directed.

(4)

The court reserves the right to seek counsel from outside sources.

(5)

At no point shall the deliberation process take longer than six (6) regular school days.

Case Opinions
(1) The court reserves the right to publish a per curiam decision wherein the majority or
the unanimous binding decision is taken to be the opinion of the court, and is
authored by an anonymous magistrate. Dissenting opinions, however, must be
signed by the magistrates who authored them.
(2)

The magistrates are enjoined to write their own opinions on the cases they handle.

(3)

In case the magistrates arrive at a unanimous decision, any magistrate may author
the courts decision. The said magistrates opinion may be published as a per curiam
decision of the court, or the magistrate may sign the decision to which all other
magistrates concur in full.

(4)

In case the magistrates reach an eective decision by a two-thirds majority, any

magistrate may author the courts majority and ocial decision. Such decision may
be published as a per curiam decision of the court, or the magistrate may sign the
decision to which all other magistrates concur in full. In case some magistrates agree
on the result but not on the reason, they may publish minority concurring opinions
after the courts ocial decision. Such minority concurring decisions must be signed.
Dissenting opinions, concurring in part or in full by the remaining magistrates, must
be published and signed accordingly.

(5)

In the event that a majority opinion has been reached but does not satisfy the two-
thirds majority requirement, the following must be published where applicable:
(a) the majority opinion which must be a per curiam decision or individually
signed,
(b) the minority concurring opinions which must be signed, and
(c) the dissenting opinions which must be signed

STUDENT JUDICIAL COURT

12

RULES OF COURT

31

Notication of Ruling
After the deliberations the Clerk of Court shall serve the notice of ruling to the
parties and the decision shall be published or reported in at least one major student
news outlet of the Loyola Schools.

STUDENT JUDICIAL COURT

13

RULES OF COURT

TITLE VII

APPEALS
32

33

Motion for Reconsideration

(1) Without exception, three (3) regular school days are given to the parties after their
receipt of the notice of ruling to le a motion for reconsideration.
(2)

No appeal for reconsideration of the courts decision, or an appeal for a hearing will
be entertained if the appeal contains no substantial ma3er that the court overlooked,
any new signicant information that was not given at the hearing or at the petition,
or any procedural missteps that the court may have commi+ed.

(3)

Should a motion for reconsideration be considered, the court may order for another
hearing or it may give a summary judgment considering the appeal.
Finality
After the three days given for filing a motion for reconsideration has elapsed, the
decision of the court shall be considered final. No succeeding appeals will be
considered after an appeal for reconsideration has been given and the court has
upheld its decision. Should this take place, it shall be considered that the court has
upheld the decision with finality.

STUDENT JUDICIAL COURT

14

RULES OF COURT