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royal decree

NO. 03-1/March 17, 2018

THE TRIBAL JUDICIAL CODE OF MAHARLIKA TRIBAL KINGDOM NEW CIVIL SOCIETY OF CROWN CORPORATION SOLE IN THE AREA OF TRIBAL GOVERNMENT

I, HIS MAJESTY CONSTANCIO A. SALVO, JR./DATU KULUBAN, by the Grace of Almighty God Royal Highness King of the Philippine Archipelago (Maharlika Islands), Supreme Chieftain of all Tribal Datus, Tribal Babaylanon King from Generation to Generations, 5 Star General of H-GOI/ Chief of Staff/ H-WORLD UN-PI, and the Head King of Queens Kingdom

 

 

 

PREAMBLES

 

 

 

 The Tribal Government of the Maharlika Tribal Kingdom New Civil Society of Crown Corporation Sole will be implementing the culture and traditions of the past and present values. 

 

The Tribal Government of the Maharlika Tribal Kingdom New Civil Society of Crown Corporation Sole shall strictly enforce the provisions of this Royal Decree approved by the Royal Highness King of the Tribes and shall be supported by the Tribal Kings, Datus, Tribal Majesty Queens, Tribal Queens, and the Bais and of indigenous tribes within the territory. 

 

The Tribal Government of the Maharlika Tribal Kingdom New Civil Society of Crown Corporation Sole will strictly impose penalties in accordance with the laws of the Tribal Kingdom on a territorial basis.    

 

The Tribal Government of the Maharlika Tribal Kingdom New Civil Society of Crown Corporation Sole will be strictly informed all around the world in regards to the laws in the ancient culture and traditions and hence, they shall be obeyed and observed such laws of the tribes.

 

By virtue thereof, and by the Ratification of Tribal Sovereign Power on March 08, 2005, and the Chapter 3 of the Tribal Kingdom Royal Charter provides that the tribal judicial authority and power of the Tribal Courts must be carried out. The Crown (hereinafter referred to as “the H.M.R.H.K) confirms and guarantees to the Tribal Kings, Datus, Tribal Majesty Queens, Tribal Queens, Bais, tribes, and individual indigenous full exclusive and undisturbed possession and rights to equal protection and benefit of the Tribal Kingdom laws and the Natural Law of the Land, 

 

 

I HEREBY DECREE THE FOLLOWING:

 

 

CHAPTER 1.

 

GENERAL PROVISIONS

 

Section 1. Intent of Royal Decree.-This Royal Decree defines the establishment, structure, and procedures of the Tribal Courts.

 

Section 2. Establishment and Organization of Tribal Courts.-The tribal judicial authority of the Tribal Government of the Maharlika Tribal Kingdom New Civil Society of Crown Corporation Sole (hereinafter referred to as “the Tribal Kingdom”) shall be vested in a Dadantulan Tribal High Court, Tribal Court of Appeals, and Tribal Lower Courts which shall resolve disputes as provided by the laws of the Tribal Kingdom. Such tribal courts are hereby established according to the structures outlined in this Royal Decree. The word “Tribal Courts” when used in this Royal Decree, shall include the Dadantulan Tribal High Court, Tribal Court of Appeals, and Tribal Lower Courts.       

 

Section 3. Objective of Tribal Courts.- The objectives of the Tribal Courts are to protect the health, safety, and welfare of the community and the Tribal Kingdom by addressing problems nationwide through a fair and consistent application of unwritten rules, cultural traditions, and written tribal regulations.

 

Section 4. Authority of Tribal Courts.-The Tribal Courts shall exercise all judicial and dispute resolution powers of the Tribal Kingdom, subject only to the inherent sovereignty rights as provided in the laws of the Tribal Kingdom and the Natural law of the Land.

 

Section 5. Jurisdiction of Tribal Courts.-The Tribal Courts shall have the authority to exercise the inherent judicial powers of an independent Tribal Kingdom. These powers include, but are not limited to, matters relating to the governmental processes internal to the Tribal Kingdom and over matters arising:

 

1. In the Maharlika Tribal Kingdom ancestral domain which is the Philippine Archipelago; and/or

 

2. Over all tribal members, enrolled or eligible, regardless of where they live or do business; and/or   

 

3. Over all persons and entities who enter into consensual relations with the Tribal Kingdom or tribal members, or whose activities affect the societal integrity, economic security, or the health or welfare of the Tribal Kingdom or tribal members; and/or 

 

4. Over any matters so delegated by H.M.R.H.K.   

  

Section 6. Courts of Record.-The Dadantulan Tribal High Court and the Tribal Court of Appeals shall be courts of record.

 

Section 7. Records.-The Tribal Courts shall keep and maintain accurate, complete and detailed records of all proceedings before it, including either transcripts or audiotape or audio electronic recordings of all such proceedings.  

 

Section 8. General Procedure on Written Legal Documents of the Tribal Courts. - All pleadings, writs, decrees, judgments, orders, and other documents filed with or issued by the Tribal Courts shall contain the title of the Court with which it is filed or from where it is issued. In the case of the Dadantulan Tribal High Court, the title shall be “Maharlika Tribal Kingdom New Civil Society of Crown Corporation Sole Dadantulan Tribal High Court” in the case of the Tribal Court of Appeals, the title shall be “Maharlika Tribal Kingdom New Civil Society of Crown Corporation Sole Tribal Court of Appeals and in the case of the Tribal Lower Court, the title shall be Maharlika Tribal Kingdom New Civil Society of Crown Corporation Sole Tribal Lower Court, followed immediately below thereof by the name or style of the case and such other information as may be required by the rules of the Tribal Courts. In Tribal Lower Court the name of City or Municipality whose area of responsibility of a Territorial Tribal King shall appear immediately below the title of such Court. 

 

CHAPTER 2.

 

 

DADANTULAN TRIBAL HIGH COURT

 

Section 9. Standing Structure of Dadantulan Tribal High Court.-The Dadantulan Tribal High Court shall be composed of a Chief Justice which is the H.M.R.H.K and three Associate Judges. The Associate Judges shall be appointed by H.M.R.H.K for a term of perpetual, who do not have a felony conviction of any kind in the previous five years, or who have never been convicted of rape, murder, child abuse, or sexual assault regardless of when the conviction occurred. All Judges so appointed shall meet the qualifications according to Section 10 of this Chapter.

 

Section 10. Qualifications of the Appointed Judges.-All appointed Judges shall be crowned and enthroned Executive Tribal King Staff in the Tribal Kingdom of Maharlika; a person of honor; law-abiding; and a person of good character.

 

Section 11. Courtrooms in the Dadantulan Tribal High Court.-The courtrooms in the Dadantulan Tribal High Court shall be in two, which are the H.M.R.H.K’s Tribal Courtroom and Royal Council’s Tribal Courtroom. All the hearings and sessions presided by H.M.R.H.K must be conducted to his courtroom, likewise, the Associate Judges should-be preside hearings in the Royal Council’s courtroom in the account of no one is allowed to set in H.M.R.H.K’s bench.

 

Section 12. Banc of the Dadantulan Tribal High Court.-The Dadantulan Tribal High Court shall sit in bane as a body composed of all its members, and the H.M.R.H.K as the Chief Justice shall be the presiding officer thereof. In case of his absence at a session of the court, one of the Associate Judges present shall preside, subject to Section 11 of this Chapter. A quorum of no less than three Judges shall be necessary to hear a case.

 

Section 13. Place of Sessions in Dadantulan Tribal High Court.-The Dadantulan Tribal High Court shall hold its sessions in the Royal Palace, Bukidnon.

   

Section 14. Conflict of Interest for Tribal Courts’ Judges.-Judges of the Tribal Courts shall remove themselves from hearing a case involving first degree relatives including parents, children, spouses or significant others, siblings, and anyone living in their same home, except that in emergency situations where temporary decisions are made, Judges may be so related. Judges shall remove themselves from hearing a case in which they use excessive intoxicants that may impair the performance of the Judge’s duties; use of the office of Judge for personal gain, including bribery and kickbacks; nonfeasance, misfeasance, or malfeasance with regard to official duties or any reason which they cannot be fair.

 

Section 15. Decision Making by Dadantulan Tribal High Court Judges.-The judges of the Dadantulan Tribal High Court shall reach decisions through consensus when possible or conclusions raised by the Royal Council Panel inside the courtroom. Otherwise, the Judges may use a method of defining the truth behind its case by conducting the traditional methodology of the tribes according to Section 42 of Chapter 3 when consensus and conclusions are not possible.    

       

Section 16. Advisors to the Dadantulan Tribal High Court.-The judges may confer with Elders, Babaylanon Tribal Kings, Royal Council Panel, or other appropriate consultants during hearings, and may call upon the Tribal Elders to give answers to questions put to them, which may be recorded for future generations.

 

Section 17. Babaylanon Tribal King in Dadantulan Tribal High Court.-The Babaylanon Tribal King shall be appointed by H.M.R.H.K’s and must be crowned and enthroned to such duty. He must be functioned in conducting ritual rites, traditional ceremonies, and customs inside the Dadantulan Tribal High Court and Tribal Court of Appeals, and may give advice for the decision making of the Judges when requested or required. 

 

Section 18. Royal Council Panel.-There has hereby established a Royal Council Panel in Dadantulan Tribal High Court composed of four intermediaries and twenty jurors appointed by the H.M.R.H.K. They shall be divided into two panels inside the courtroom. 

 

1. Qualifications of Panel Members: To be eligible for appointment, a member of the Royal Council Panel shall be crowned and enthroned Supervisory Tribal King Staff, Administrative Tribal King Staff, Auxiliary Administrative Tribal King Staff, and Peacemaker Tribal King Staff of the Tribal Kingdom. The four intermediaries from Royal Council Panel shall be in the rank of Supervisory Tribal King Staff.

 

2. Removal of Panel Members: Any member of the Royal Council Panel may be removed from office by the H.M.R.H.K with or without cause, except as otherwise provided in this Royal Decree. A member of the Royal Council Panel shall not be removed from a case, matter, dispute, or proceeding to which he is assigned to give advice or consultation until the termination or resolution of such case, matter, dispute, or proceeding unless the member is removed from office for cause related to or reflecting upon the office of member of the Royal Council Panel.

 

3. Actions of Panel: Whenever the Dadantulan Tribal High Court seeks the advice of the Royal Council Panel, the Royal Council Panel shall select three or more of its members to instruct the Dadantulan Tribal High Court regarding the customs and traditions of the tribes. 

 

4. Powers and Duties of Panel: Upon request from the Dadantulan Tribal High Court, the Royal Council Panel shall determine the customs and traditions of the tribes related to the matter requested. The Dadantulan Tribal High Court, in its discretion, may provide the Panel with findings of fact and request that the Panel determine the application of the customs and traditions of the tribes to the facts presented. A determination of the Royal Council Panel on issues submitted to it shall be binding on the Dadantulan Tribal High Court and the parties to the case. By a request to the Dadantulan Tribal High Court from the parties to the matter to ask the Royal Council Panel to take part in reaching a resolution of the pending matter, the High Court shall request the Royal Council Panel to convene and participate in a just resolution of the issue before the High Court.

 

5. Confidentiality: Whenever advice on the customs and traditions of the tribes is required or requested, the Royal Council Panel shall provide such advice only to the Dadantulan Tribal High Court and parties to the action or proceeding in the Dadantulan Tribal High Court. Any and all advice provided or introduced in an action or proceeding shall be privileged and strictly confidential.        

 

Section 19. Dadantulan Tribal High Court Clerk.-The H.M.R.H.K shall appoint the Dadantulan Tribal High Court Clerk and an alternate High Court Clerk. Duties of the Clerk may include:

 

1. Receiving petitions filed with the Dadantulan Tribal High Court. 

 

2. Answering phone calls and receiving mail for the High Court.

 

3. Maintaining files for the High Court and a Court calendar.

 

4. Calling a meeting of the Judges to review Petitions and determine which Judges shall sit on cases.

 

5. Notifying parties and Judges of hearings.

 

6. Setting up recording hearings.

 

7. Drafting Tribal High Court orders for Judges to review and sign.

 

8. Transcribing the minutes of proceedings.

 

9. Maintaining records of Tribal High Court finances.

 

10. Administer oaths and witnesses execution of documents.

 

Any assistant clerks and staff of the Dadantulan Tribal High Court shall have such duties as the H.M.R.H.K may, from time to time, designate. 

 

Section 20. Bailiffs of the Dadantulan Tribal High Court.-The H.M.R.H.K shall appoint such bailiffs as necessary to ensure the orderly transaction of the business of the Dadantulan Tribal High Court and shall prescribe the duties of such bailiffs. The H.M.R.H.K may appoint bailiffs from the Maharlika Tribal Kingdom New Civil Society of Crown Corporation Sole Royal Guards or may appoint any other person as a bailiff, subject to such qualifications as the H.M.R.H.K shall prescribe. Such bailiffs shall be vested with and exercise all the powers and authority of peace officers of the Tribal Kingdom.

 

Section 21. Process Servers of the Dadantulan Tribal High Court.-The crowned and enthroned Liaison Tribal King Staff of the Tribal Kingdom shall be the process servers of the Dadantulan Tribal High Court. They shall have the authority to serve, within the jurisdiction of the Tribal Kingdom, all process, writs, orders, pleadings or papers required or permitted by law to be served subject to any rules of the Dadantulan Tribal High Court governing service process. Process servers referred to in this section is an officer of the Dadantulan Tribal High Court.

 

Section 22. Oath of Confidentiality, Fairness, and Impartiality.- Dadantulan Tribal High Court Judges, the Royal Council Panel, the Babaylanon Tribal King, the Tribal High Court Clerk, participants in the High Court, and any other tribal employees or other officials who participate in a case shall take the following oath of confidentiality, fairness, and impartiality prior to all cases:

 

“I _______________________, do solemnly swear and affirm that I will not discuss the proceedings of this case outside of the chambers of the H.M.R.H.K’s/ Royal Council’s Tribal Courtroom. I shall maintain the respect due to the Dadantulan Tribal High Court by striving for fairness and impartiality in the Tribal High Court proceedings that come before me.”

 

Violators of this oath may be subject to removal under Section 23(2) of this Chapter, subject to termination from employment if they are tribal employees, or subject to contempt of the Dadantulan Tribal High Court.  

 

Section 23. Recusal and Removal of the Judges.-  

 

1. Recusal: A Judge shall recuse himself from sitting on the Dadantulan Tribal High Court for any of the reasons set forth in Section 14 of this Chapter. 

 

2. Removal: A Dadantulan Tribal High Court Judge may be removed from a particular case, or entirely from their position when the Royal Council Panel determines that it is the best interest of the Tribal Kingdom to do so. In the event of no less than fifteen affirmative jurors signed for the petition of removal of the Judge to such case shall be appropriate for approval. The decision to remove a Judge must be approved by the H.M.R.H.K. The judge being considered for removal shall be given an opportunity to speak to the H.M.R.H.K in executive session in the High Court, prior to approving or not on the removal of the judge.  

 

Section 24. Seal of the Dadantulan Tribal High Court.-The Dadantulan Tribal High Court shall have a seal as devised and adopted by the Justices. The seal of the Dadantulan Tribal High Court shall be kept by the clerk of the Tribal Court or another designee of the Dadantulan Tribal High Court. The seal of the Dadantulan Tribal High Court need not be affixed to any proceedings in the Dadantulan Tribal High Court except a summons or a writ or authentication of a copy of a record or proceeding of the Dadantulan Tribal High Court or its officers for the purpose of evidence in another court or place. 

 

Section 25. Powers of the Dadantulan Tribal High Court.-

 

1. The Dadantulan Tribal High Court shall have original power over cases involving Tribal Kings, Tribal Majesty Queens, and Tribal Queens of the Tribal Kingdom; and original and exclusive power in petitions for the issuance of writs against the Tribal Court of Appeals. 

 

2. The Dadantulan Tribal High Court shall have exclusive power to review, amend, reverse, modify, affirm on appeal or writ of error, as the tribal law may provide including the final judgment and orders of inferior courts in all cases in which the legitimately or validity of any treaty, law, Royal commands, or Royal decrees or regulation is in question and all other felony cases in which the inferior courts cannot resolve. 

 

3. The Dadantulan Tribal High Court shall have administrative supervision over all the Tribal Court of Appeals, Tribal Lower Courts, and judges of the Tribal Kingdom.  

 

Section 26. Powers and Duties of Associate Judges.-  

 

The Associate Judges shall have the following authority:  

 

1. To administer oaths and affirmations; and  

 

2. To discharge the duties and exercise the authority conferred by law.  

 

All Judges shall:

 

3. Support the Royal Charter, By-laws, laws of the Tribal Kingdom, and the Natural law of the Land;  

 

4. Faithfully and impartially discharge the duties of the office;  

 

5. Observe and maintain high standards of conduct so that the integrity of the High Court will be preserved;  

 

6. Be patient, dignified and courteous to those appearing before him or those the Judge deals within his capacity as a Judge and shall require similar conduct of court officials subject to Justice’s direction and control;  

 

7. Accord every person in a proceeding the right to be heard in accordance with the law; and dispose of all judicial matters promptly, efficiently, and fairly.

 

Section 27. Powers and Duties of Chief Justice.-

 

1. The Chief Justice shall exercise the Dadantulan Tribal High Court’s administrative supervision over all the Tribal Court of Appeals, Tribal Lower Courts, and Judges.

 

2. The Chief Justice shall exercise administrative supervision of the Associate Judges.   

 

   

CHAPTER 3.

 

 

DADANTULAN TRIBAL HIGH COURT PROCEDURES

  

Section 28. Purpose.-The purpose of the Dadantulan Tribal High Court Procedures Regulation is to provide a fair and equitable process for the operation of the Dadantulan Tribal High Court that is consistent with the Tribal Kingdom Royal Charter, By-laws, Regulations, and Decrees, the requirements of the Indigenous Peoples’ Rights Act Chapter IV and Chapter IX, Section 65 of R.A 8371, and compatible with the unwritten values, customary law, natural law, and practices of the Tribal Kingdom. The procedures provided in this Royal Decree shall be the guidelines and policies of the Dadantulan Tribal High Court unless otherwise specifically provided for by the Tribal Kingdom laws or tribal regulation.

 

Section 29. Definitions.-The following words and phrases, whenever used in this Royal Decree, shall have the following meanings: 

 

Clerk means the primary Clerk of the Dadantulan Tribal High Court or specifically designated alternate.

 

Emergency circumstances mean circumstances in which it reasonably appears that there is imminent danger of harm to a person or property.

 

Parties mean Petitioner(s) and Respondent(s) and any other persons the Dadantulan Tribal High Court considers to be parties in a particular case. 

 

Petitioner is the party filing a Petition to use the Dadantulan Tribal High Court.

 

Pre-Hearing Session is a session of the judges held after the decision to take a case is made.

 

Proof of Service means written or otherwise documented evidence that parties have been notified of the action of the court, such as notification about a hearing.  

 

Respondent means the person involved in an issue brought before the Court by a Petitioner or against whom a complaint is filed.  

 

Tribal Counselor means the counselor at Tribal Kingdom law who acts for parties in court proceedings.

 

Civil violation means a legal dispute involving tort claims, breach of contract, equitable claims, class action, and complaints against the Tribal Kings, Tribal Majesty Queens, and Tribal Queens of the Tribal Kingdom subject to Section 5 of this Royal Decree. 

 

Criminal offense means failing to comply with Tribal Kingdom laws and involves conduct inappropriate to an orderly society.

 

Section 30. Rights of Parties.-Parties appearing before the Dadantulan Tribal High Court shall have the following rights:

 

1. Parties shall have the right to be notified of court hearings, except in cases of emergency circumstances when a party is not reasonably available to be notified;

 

2. Rights to copies of documents submitted to the court and court generated documents;

 

3. Opportunity to be heard; 

 

4. Opportunity to present witnesses and evidence;

 

5. Opportunity to question any witnesses;

 

6. Right to be a fair hearing;

 

7. Right to appeal in all cases from inferior courts decisions.

 

 

Section 31. Confidentially.-All cases and hearings in Dadantulan Tribal High Court shall be confidential unless such cases are resolved.

  

 

Section 32. Recording hearings.-The Dadantulan Tribal High Court shall keep all original documents filed with the Court, and all Orders or Resolutions entered by the Court.

 

 

Section 33. Failure to Appear for a Hearing.-If parties have been given reasonable notice of a hearing but fail to appear for the hearing, the Court may proceed with the hearing as scheduled and make a decision in the absence of the party, or reschedule it.

  

 

Section 34. Recesses During Hearings.- The court may recess during any type of court hearing.  

 

 

Section 35. Testimony and Associated Costs.-Witness shall testify in person. The Dadantulan Tribal High Court may summon witnesses to testify at the hearings by issuing a Summons to Testify. Any travel costs associated with the testimony of witnesses summoned by the Court shall be paid by the Tribal Kingdom government. 

 

Section 36. Evidence and Affidavits.-The Dadantulan Tribal High Court shall hear all evidence it finds proper. Hearsay evidence given under oath shall be considered proper evidence. The Dadantulan Tribal High Court may Order evidence to be brought before the Court by issuing a subpoena. The Dadantulan Tribal High Court may accept sworn Affidavits as evidence in cases if the witness is not available to testify.   

 

Section 37. Emergency Hearings.-Emergency hearings shall involve matters where harm or damage to a person or property may likely occur if the Court had to wait. In cases of emergencies, the Court may hold a hearing as soon as reasonable proof of imminent harm is provided to the Court. Notice of emergency hearings shall be given to parties who are reasonably available to receive Notice, but the Court may proceed without Notice if parties are not available to receive it. Orders issued during emergency hearings shall be written and of a limited duration of up to 15 days unless otherwise stated in the tribal code, or, shall stand only until a regular hearing with reasonable Notice is held.

 

Section 38. Notices and Service.-The H.M.R.H.K shall promulgate a separate rules, in accordance with the provisions of this Royal Decree and not inconsistent with this Royal Decree or other law of the Tribal Kingdom, governing the service of process and notices upon parties and other persons who are required to be served or may be served under the laws of the Tribal Kingdom and the rules of the Tribal Courts, including the provision of service by registered mail upon persons located off the Tribal Kingdom.

 

Section 39. Dadantulan Tribal High Court Finances.-

 

1. Accounting: The H.M.R.H.K shall establish a separate line item account for the finances of the Dadantulan Tribal High Court.

 

2. Fees: The Dadantulan Tribal High Court may charge fees to use the Court. Such fees shall be equal for equal types of cases and matters, and shall be made known to any person who wants to use, or files a Petition with, the Dadantulan Tribal High Court.

 

3. Payment of fines or fees: Fines or fees shall be paid in cash or check. Checks or money fees shall be made out to the Dadantulan Tribal High Court Clerk, and the Clerk shall issue a receipt.

 

Section 40. Beginning a Dadantulan Tribal High Court Case.-

 

Cases generally begin by filing a Petition to use the Dadantulan Tribal High Court with the Dadantulan Tribal High Court Clerk. The Petitioner shall write sufficient information about the circumstances and reasons why the Court should take the case. Cases may also come to the court through referrals or transfer of jurisdiction from another court in particular felony cases. Upon receipt of a Petition or referral case, the Clerk shall schedule a meeting with the Dadantulan Tribal High Court Judges to decide whether to take the case or not subject to Section 12 of this Royal Decree. 

 

1. Decision to take a case: If the decision is made to take the case, the Clerk shall schedule a pre-hearing session. 

 

2. Decision to not take a case: If the decision is made to not take the case, the Clerk shall write a letter of denial to the Petitioner, or referring entity, as soon as possible after the decision is made. 

 

 3. Pre-hearing session: In accordance with the provisions of this Royal Decree, the Dadantulan Tribal High Court shall sit in bane as a body composed of all its members, as specified in Section 12. The Clerk shall notify participants subject to Section 38 of this Royal Decree. The present Judges of the Dadantulan Tribal High Court shall identify which judges may have a conflict of interest with the case, and determine which judges shall hear the case and preside in accordance with such Section 12 of Chapter 2 and shall review the case file. 

 

4. Setting hearing date and time: For initial hearings or appearance on a case, the Clerk shall set a hearing date and time, and give the Petition and attachments along with Notice to all Parties and any other persons the Court requests in the Courtroom for that case. The hearing shall be held no more than 30 days after a Respondent receives Notice unless the Court decides there is good reason to have a hearing at a later time, subject to Section 37 of this Chapter. 

 

Section 41. Procedures in Hearings.-

 

1. Opening a hearing: The Presiding Judge shall open the court hearing and may ask that prayer or words from a Babaylanon Tribal King be given. The Presiding Judge shall then:

 

     a.) Ask the Clerk to administer oaths of confidentiality, fairness, and impartiality to all participants of the case in the courtroom;

  

 b.) Ask the Clerk to begin the recording and state the case number and the date, time, and place of the hearing;

 

 c.) Ask all persons in the Courtroom to state their name and relationship to the case for the record;

 

 d.) Ask how parties were notified of the hearing;

 

 e.) Determine if there are any parties who were notified but are not at the hearing. If a party was notified but is not at the hearing, the Court may either proceed with the hearing or reschedule;

 

  f.) Determine if there are any parties who should have been notified but were not notified. If it is determined that there is a party that was not notified, the hearing shall be rescheduled to allow reasonable notification;

 

 g.) State the rights of all parties including the: right to be notified of court hearings; right to copies of documents submitted to the court and court generated documents; opportunity to be heard; opportunity to present witnesses and evidence; the opportunity to question any witnesses; and right to a fair hearing.

 

  h.) Ask all parties to sign or swear an oath of truthfulness;

 

   i.) All present at the hearing shall be instructed to maintain confidentiality outside the H.M.R.H.K’s/ Royal Council’s Tribal Courtroom proceedings as subject to Section 22 of Chapter 2.   

 

  j.)  Civil violations: In cases of civil violations, the Respondent shall be asked how he or she pleads: guilty, not guilty, or no contest through by his or her Tribal Counselor representative and the Tribal Counselor shall make sure the Respondent understands the pleas requested from the Presiding Judge. The Respondent shall say what his or her plea is. If the Respondent pleads guilty or no contest, the judges may question the Tribal Counselor of the Respondent and any participants in the courtroom to gain information that will help them create an appropriate sentence during their deliberations. The word “participants” in this section shall include Royal Council Panels and Babaylanon Tribal King. If the Respondent pleads not guilty, the hearing shall be held at this time unless the Court finds it appropriate to delay in order for parties to gather witnesses and evidence. If the Respondent is present but will not say anything, the Court shall enter a plea of not guilty. 

 

  k.) Criminal offenses: There shall be a separate procedure for criminal offenses in accordance with the provisions of this Royal Decree and not inconsistent with this Royal Decree or other law of the Tribal Kingdom. 

 

2. Hearing process: The Presiding Judge shall generally maintain order in the courtroom and direct the order of speaking. Generally, the Presiding Judge will first ask to hear from the Petitioner through its Tribal Counselor representative and then from the Respondent as such by his or her Tribal Counselor. Petitioners and Respondents may present witnesses and evidence in the order chosen by the Presiding Judge. Each party shall be permitted to question each other and all witnesses. Judges may question anyone in the Courtroom. When the judges determine that all parties have had sufficient opportunity to speak and present everything they feel is relevant to the case, they shall ask everyone to leave the courtroom while they deliberate.  

 

3. Deliberations: Judges shall take all evidence presented into consideration during their deliberations and make their decision by consensus if possible. If consensus is not possible, the decision shall be made by using the ultimate traditional methodology of the tribes which defines the truly guilty and not guilty of the case according to Section 42 of this Chapter.

 

4. A decision in writing: All decisions made by the Dadantulan Tribal High Court shall be written on Order forms according to Section 8 of Chapter 1.

 

Section 42. Ultimate Traditional Methodology of the Tribes.- The Dadantulan Tribal High Court may use the following ultimate traditional methodology of the tribes which defines the truly guilty and not guilty for cases that are hard to resolve and that all options from the consensus are exhausted. Such procedures are based on natural customs and traditions of the tribes since time immemorial, and these shall be applied only in the Dadantulan Tribal High Court.    

 

1. Kala-Kala Ta Wahig: A method that uses boiling water inside the vat. Upon and after the ritual performed by the Babaylanon Tribal King, the Respondent shall touch the hot water in the vat in order to define if he or she is guilty of the crime or violation. The real perpetrator of the case will be scalded.

 

2. Pansalsala: A method that uses hot steel. Upon the initiative of the Babaylanon Tribal King, he will conduct a ritual act while putting the steel in front of an open fire to make it fire up until it’s enough to use. Afterward, he will put the hot steel to the hands of the respondent, if he or she is guilty of the crime or violation, he or she will be scalded.  

 

3. Sapa (Originated from Subanen Tribe): An act or a method of ritual rite uses by the Babaylanon Tribal King to the respondent that turn into a curse, if he or she is guilty of the crime or violation, he or she will perish towards on his or her clan.                  

 

Section 43. Order, Judgment, and Sentencing. - The Court may issue Orders concerning any type of cases where an Order is appropriate. Unless otherwise in accordance with the provisions of this Royal Decree and not inconsistent with this Royal Decree or other law of the Tribal Kingdom, there shall be a separate Tribal Code that sets a specific penalty for a particular civil violation and criminal offense. A judgment of conviction shall set forth the plea, the verdict or findings, and sentence when imposed. If the Respondent is found not guilty or for any other reason is entitled to be discharged, judgment shall be entered accordingly. The judgment shall be signed by the Presiding Judge of the case, countersigned by the co-judges present and the Tribal Baylan; and entered into the record by the Court clerk; and the Tribal Baylan shall execute a ritual rite for the confirmation of the final decision of the Court. The word “Tribal Baylan” when used in this Royal Decree, shall include the Babaylanon Tribal King and Territorial Tribal Baylan.  

 

Section 44. Official Languages in Court Cases. - The official languages used in accounts of Tribal Courts’ cases shall be in English or Cebuano dialect.      

 

Section 45. Written Orders, Timeframe for Complying with Orders. - 

 

1. Written Orders: All orders made by the Tribal Courts shall be written on Order forms according to Section 8. All written Orders and notations shall be filed in the case records. The Clerk or other designated person shall personally give or mail a copy of the Order to all parties to the case and file a proof of service. 

 

2. The time frame for Complying with Orders: For cases involving civil violations all sentences shall be accomplished within 30 days after Respondent has been notified of the Order unless the Court provides otherwise. For cases in criminal offenses, the Order shall specify timeframes for compliance.         

 

Section 46. Proof of Compliance with Orders. – Records of proof of compliance with Orders of the Tribal Courts shall be kept by the Tribal Courts’ Clerk in the Court files. Parties shall have 30 days to complete the requirements of an Order unless otherwise specified in the Order. Proof that the action has been completed taken shall be given to the Court Clerk within 14 days of completion of the act unless otherwise specified by Court Order. The Clerk shall certify the proof of compliance form. The Clerk shall report any failures to comply with Tribal Courts’ Orders to the Court. Failure to comply with an Order of the Court in civil violation or criminal offense cases shall be considered contempt of court as described in Section 47 of this Chapter.

 

Section 47. Contempt of Court. –

 

1. Reasons Persons may be found in Contempt of Court: A person may be found in contempt of court if he or she:

 

a.) Violates the Oath of Confidentiality, Fairness, and Impartiality;

 

b.) Fails to fully comply with an Order of the Tribal Courts;

 

c.) Lies to the Court: and/or

 

d.) Disrupts Court proceedings.

 

2. Judges in Contempt: If a Judge is the subject of a contempt of court violation, that Judge shall not participate in a decision concerning the matter. The remaining Judges shall determine how to handle the matter based on the facts of the situation. 

 

3. Confiscating Personal Property: The Tribal Courts may seize a person’s personal property if that person is found in contempt of court by the Dadantulan Tribal High Court, Tribal Court of Appeals or Tribal Lower Court, for not doing what the Tribal Courts has ordered. The property shall remain confiscated and under the care of the Tribal Courts that gives the order until the person complies with the Court Order to the satisfaction of such Court. If the person does not comply with the Court Order within the time limits set by the Tribal Courts, Tribal Courts may sell the confiscated property after providing at least 30 days’ notice of the proposed sale to the person.  

  

  

 

 

CHAPTER 4.

 

 

TRIBAL COURT OF APPEALS

 

 

Section 48. Purpose of the Tribal Court of Appeals. – The Tribal Court of Appeals is established to assure a fair judicial process in the Tribal Kingdom government system. The purpose of the Tribal Court of Appeals is not to re-hear cases, but to review cases that are appealed for possible inconsistent application of tribal law and/or violations of due process. The Tribal Court of Appeals has discretion on whether or not to take a case that is appealed. The Tribal Court of Appeals shall take a case after reviewing records on the case from the Tribal Lower Courts, reviewing the Appeal, and making a preliminary determination that there is sufficient evidence that there may have been an inconsistent application of tribal law or a violation of due process. 

 

Section 49. Structure of the Tribal Court of Appeals. – The Tribal Court of Appeals shall be composed of three panels of Judges appointed by the H.M.R.H.K. Each panel shall consist of five judges and must be chaired by the Tribal Majesty Queen from Twelve Luzviminda Tribal Majesties’ representatives. The panel of five Judges shall decide among themselves who the Presiding Judge shall be in each case. The Tribal Majesty Queen referred to in this section shall be only an overseer of the Tribal Court of Appeals, and a direct spokesperson to the H.M.R.H.K, she is not allowed to preside for cases coming into the Tribal Court of Appeals. 

 

Section 50. Qualifications of the Appellate Judges. – All appointed appellate Judges in the Tribal Court of Appeals shall be qualified and enthroned as Administrative Tribal King Staff and Auxiliary Administrative Tribal King Staff of the Tribal Kingdom. Such Judges with conflicts of interest must be excluded as provided in Chapter 2, Section 14 of this Royal Decree.   

 

Section 51. Tribal Court of Appeals Stations. – The Tribal Court of Appeals shall be divided into three stations which shall represent the Islands of Luzon, Visayas, and Mindanao. All actions coming into the Tribal Court of Appeals from Tribal Lower Courts situated in Luzon Island shall be heard at Laguna. Those coming into the Tribal Court of Appeals from Tribal Lower Courts situated in the Island of Visayas shall be heard at Cebu, and the actions coming into the Tribal Court of Appeals from Tribal Lower Courts situated in the Island of Mindanao, shall be heard at Bukidnon.

 

Section 52. Babaylanon Tribal King in Tribal Court of Appeals. – The Babaylanon Tribal King of the Tribal Court of Appeals shall be the same person with such qualifications, duty, and functions found in Chapter 2, Section 17 of this Royal Decree.

 

Section 53. Clerk of the Tribal Court of Appeals. – The Clerk shall be appointed by the Chair Tribal Majesty Queen of the Tribal Court of Appeals, and such functions are the same with the Dadantulan Tribal High Court Clerk as its found in Chapter 2, Section 19 of this Royal Decree.

 

Section 54. Bailiffs and Process Servers of the Tribal Court of Appeals. – The Bailiffs and Process Servers of the Tribal Court of Appeals shall be the same person as prescribed in Chapter 2, Section 20 and 21 of this Royal Decree unless the Chair Tribal Majesty Queen specifically designates another person due to availability or to conflict of interest. 

 

Section 55. Oath of Confidentiality, Fairness, and Impartiality. – The Appellate Judges, the Court Clerk, participants in the Tribal Court of Appeals, and any other tribal employees or other officials who participate in a case shall take the following oath of confidentiality, fairness, and impartiality prior to all cases:

 

“I _______________________, do solemnly swear and affirm that I will not discuss the proceedings of this case outside of the chamber of the Appellate Courtroom. I shall maintain the respect due to the Tribal Court of Appeals by striving for fairness and impartiality in the Appellate Court proceedings that come before me.”

 

Violator Judges of this oath may be subject to removal under Section 56 of this Chapter, subject to termination from employment if they are tribal employees, or subject to contempt of court according to Chapter 3, Section 47 of this Royal Decree.

 

Section 56. Removal of Appellate Judges. – An Appellate Judge may be removed from a particular case or entirely from their position as Judges when the Chair Tribal Majesty Queen determines that it is the best interest of the Tribal Kingdom to do so. In the event of an initiative of the Tribal Majesty Queen, she will notify the H.M.R.H.K regards to the violation or conflict of interest, and such Appellate Judge shall be subject for removal upon the approbation of H.M.R.H.K., but he has an opportunity to speak to the H.M.R.H.K in an executive session in the High Court before his final removal. 

 

Section 57. Seal of the Tribal Court of Appeals. – The Tribal Court of Appeals shall have a seal as devised and adopted by the Chief Justice of the Dadantulan Tribal High Court. The seal of the Tribal Court of Appeals shall be kept by the clerk of the Appellate Court or another designee of the Chair Tribal Majesty Queen. The seal of the Tribal Court of Appeals need not be affixed to any proceedings in the Tribal Court of Appeals except a summons or writ or authentication of a copy of a record or proceeding of the Tribal Court of Appeals or its officers for the purpose of evidence in another court or place.  

 

Section 58. Jurisdiction of Tribal Court of Appeals. –

 

The Tribal Court of Appeals shall have: 

 

1. Appellate jurisdiction in all actions and proceedings properly before and originating in or    

permitted by law to be appealed from the Tribal Lower Courts;

 

2. Jurisdiction to issue injunctions, writs and other orders necessary and proper to the complete exercise of its jurisdiction; and  

 

3. Such other jurisdiction as may be provided by the laws of the Tribal Kingdom.

 

Section 59. Powers and Duties of Appellate Judges. –

 

The Appellate Judges shall have the following authority: 

 

1. To administer oaths and affirmations; and  

 

2. To discharge the duties and exercise the authority conferred by law. 

 

All Judges shall:

 

3. Support the Royal Charter, By-laws, laws of the Tribal Kingdom, and the Natural law of the Land; 

 

4. Faithfully and impartially discharge the duties of the office; 

 

5. Observe and maintain high standards of conduct so that the integrity of the Appellate Court will be preserved; 

 

6. Be patient, dignified and courteous to those appearing before him or those the Judge deals within his capacity as a Judge and shall require similar conduct of court officials subject to Justice’s direction and control; 

 

7. Accord every person in a proceeding the right to be heard in accordance with the law; and dispose of all judicial matters promptly, efficiently, and fairly.

 

Section 60. Beginning an Appeal. – A person who wishes to appeal a case may file a Petition for Appeal with the Clerk of the Tribal Court of Appeals within 60 days after receiving an Order from the Tribal Lower Courts. Appeals filed after 60 days from the receipt of an Order shall not be considered. A person who is appealing a case shall be called the “Appellant”.

 

Section 61. Petition for Appeal. – The Petition for Appeal shall state the name and address of the person who is appealing the case, the name of the case, and case number. A copy of any written Order the Appellant is appealing shall be attached to the Petition for Appeal. The Petition for Appeal shall contain a statement of why the Appellant believes that the case should come before the Tribal Court of Appeals. 

 

Section 62. Appellate Court Procedure and Decisions. – 

 

1. Beginning a Case: The Clerk shall notify the panel of Judges that an Appeal has been filed. The Clerk shall make copies of the Tribal Lower Court record of the case and the Petition for Appeal for the Tribal Court of Appeals. The Clerk shall set a date for the Tribal Court of Appeals to review these materials, and to determine if there is sufficient evidence that tribal law may have been inconsistently applied and/or if there may have been a violation of fundamental fairness. If the Tribal Court of Appeals decides that there is not sufficient evidence, the decision of the Tribal Lower Court stands, and no hearing is scheduled. If no hearing is held the Tribal Court of Appeals shall issue an order to the Appellant stating that.     

 

2. Setting a Hearing Date: Once the Tribal Court of Appeals has completed a review of the case records and decided that it will hear a case, the Clerk shall set a hearing date and shall give all parties to the case Notice of the hearing. The Notice shall be personally delivered at least 15 days or mailed at least 30 days prior to a hearing, and proof of service filed or noted in the case records. At the hearing, all parties may discuss the issues written in the Appeal concerning whether or not the Tribal Lower Court made a mistake in applying tribal law or a mistake concerning fundamental fairness. The parties may only present new evidence in the appeal if the Appellate Court permits it.

 

3. Decisions of the Appellate Court: After the Appellate Court hears a case, the Presiding Judge or Clerk shall fill out a Decision of Appeal that shall be filed in the Appeals Court record given to the Tribal Lower Court. The Clerk shall assure that all parties in a case receive a copy of the Decision of Appeal, and file a proof of service in the case records. 

 

4. Options for Decisions of the Appellate Court: After finishing a hearing or hearings on a case, the Appellate Court shall take one of the following actions:

 

a.) Uphold the procedures and decision of the Tribal Lower Courts;

 

b.) Order the Tribal Lower Courts to re-hear the case in a way that is consistent with specific instructions written in the Decision of Appeal; or

 

c.) Dismiss the case in the most serious of circumstances.

 

 

CHAPTER 5.

 

 

TRIBAL LOWER COURTS

 

 

Section 63. Tribal Lower Courts for each City and Municipality. – In every city and municipality in which there now is, or shall hereafter be established, Tribal Lower Courts thereof which shall be organized under The Territorial Implementers pursuant to Clause 100 (a), (b), (c), and (d), Chapter 3 of the Tribal Kingdom By-laws except where the law provides otherwise, structure and procedure of the Tribal Barangay Amicable Settlement may be established for conflict resolution in every barangay level. 

 

Section 64. Authority to Establish and Operate the Tribal Lower Courts. – The H.M.R.H.K has the authority to establish and operate a tribal court system under His inherent sovereignty as a stately recognized Royal Highness King of the Philippine Archipelago and under Chapter 3 of the Tribal Kingdom Royal Charter, and Natural Law of the Land. The H.M.R.H.K hereby establishes the Tribal Lower Courts as part of the Tribal Kingdom Court system.   

 

Section 65. Structure, Appointment, and Term of Office of Judges of the Tribal Lower Courts. – Each Tribal Lower Court shall be composed of one superior judge and two auxiliary judges and shall be appointed by the H.M.R.H.K. They shall hold office within perpetual incumbencies and judges with conflicts of interest must be excluded as provided in Chapter 2, Section 14 of this Royal Decree.  

 

Section 66. Qualifications of the Tribal Lower Court Judges. – All appointed judges in the Tribal Lower Courts shall be qualified and enthroned Territorial Tribal King and Auxiliary Tribal Kings- A&B within each city and municipality.   

 

Section 67. Session in the Tribal Lower Court. – Every session in the Tribal Lower Court shall be presided by the superior judge for each case coming into the Tribal Lower Court. Auxiliary judges can only preside in the Tribal Lower Court in the municipality or city in case of the absence, disqualification or disability of the superior judge, conflict of interest, removal, and in case of the death of the superior judge until the successor to the deceased superior judge shall have been appointed and qualified. 

 

Section 68. Territorial Tribal Baylan of the Tribal Lower Court. – There shall be a Territorial Tribal Baylan of the Tribal Lower Court recommended by the Territorial Tribal King, and must a certified tribal member of the Tribal Kingdom, and shall he function in conducting ritual rites, traditional ceremonies, and customs within the Tribal Lower Court and may give advice for the decision making of the judges when requested or required.   

 

Section 69. Tribal Lower Court Clerk. – The Court Clerk for the Tribal Lower Court shall be appointed by the Territorial Tribal King and such duties of the Tribal Lower Court Clerk may include:

 

1. Receiving complaints, petitions, or referrals filed with the Tribal Lower Court;

 

2. Answering the phone calls and receiving mail for the Tribal Lower Court;

 

3. Maintaining files for the Lower Court and a Lower Court calendar;

 

4. Notifying parties and judges of hearings;

 

5. Attend sessions of the Tribal Lower Court and setting up recording hearings;

 

6. Enter, under the direction of the Tribal Lower Court, all orders and judgments required to be entered, the title of each proceeding or action, the date of filing such proceeding or action with the Tribal Lower Court;

 

7. Keep a schedule of fees charged in proceedings and actions;

 

8. Assist persons in the drafting and execution of form complaints, petitions, answers, and other pleadings and documents for proceedings before the Tribal Lower Court, subject to the prohibitions of this Chapter;

 

9. Transcribing the minutes of proceedings;

 

10. Administer oaths and witnesses execution of documents;

 

11. Receiving Proof of Compliance with Tribal Lower Court Order forms; and

 

12. Maintaining records of Lower Court finances.

 

Section 70. Bailiffs and Process Servers of the Tribal Lower Court. – The Bailiffs and Process Servers of the Tribal Lower Court shall be appointed by the Superior Judge in every Lower Court, and such duties and functions may be found in the general prescription provided by the H.M.R.H.K for the roles of officers and employees of the Tribal Courts in accordance with the provisions of this Royal Decree, and not inconsistent with this Royal Decree or other law of the Tribal Kingdom.

 

Section 71. Oath of Confidentiality, Fairness, and Impartiality. – The judges, the Court Clerk, participants of the Tribal Lower Court, and any other tribal employees or other officials who participate in a case shall take the following oath: 

 

“I ________________, do solemnly swear and affirm that I will not discuss the proceedings of this case outside of the chamber of the Lower Courtroom. I shall maintain the respect due to the Tribal Lower Court by striving for fairness and impartiality in the Tribal Lower Court proceedings that come before me.”

 

Violator Judges of this oath may be subject to removal under Section 72 of this Chapter, subject to termination from employment if they are tribal employees, or subject to contempt of court according to Chapter 3, Section 47 of this Royal Decree. 

   

Section 72. Removal of Tribal Lower Court Judges. – The judge of the Tribal Lower Court may be removed from a particular case or entirely from their position upon a petition of the Territorial Tribal Councils-A&B to the Dadantulan Tribal High Court, for the sole purpose if they determine that it is the best interest of their territory to do so or such judge has conflict of interest according to Chapter 2, Section 14 of this Royal Decree. A petition must be signed by no less than ten Territorial Tribal Councils from the sets of A & B, countersigned by the Territorial Tribal Baylan, and shall be filed in the Dadantulan Tribal High Court for the final decision. 

 

Section 73. Seal. – Each Tribal Lower Court shall have a seal of office, which shall be affixed to summons or writ or authentication of a copy of a record or proceeding of the Tribal Lower Court or its officers for the purpose of evidence in another court or place. The seal shall be procured by the Superior Judge at his own expense, and shall have the name of the municipality or city and the words “Maharlika Tribal Kingdom New Civil Society of Crown Corporation Sole” around the circle, and the name “Tribal Lower Court” across the center thereof.

 

Section 74. Jurisdiction of Tribal Lower Court. – A Tribal Lower Court shall have original jurisdiction over all civil causes of action and over all controversies, misdemeanors, and offenses arising within the city or municipality of which it is established.  

 

A Tribal Lower Court shall also have personal jurisdiction over:

 

1. Any person residing, located or present within the city or municipality for any cause of action;

 

2. Any person who transacts, conducts or performs any business or activity within the city or municipality, either in person or by an agent or representative, for any civil cause of action arising from such business or activity;

 

3. Any person who owns, uses, leases or possesses any property within the city or municipality for any civil cause of action arising from such ownership, use, lease or possession;

 

4. Any person who commits a tortious act or engages in tortious conduct within the city or municipality, either in person or by an agent or representative, for any civil cause of action arising from such act or conduct;

 

5. Any person who enters into a contract, agreement, or other consensual relationship with the Tribal Kingdom or any of its members, for any civil cause of action arising from such contract, agreement, or other consensual relationship within the city or municipality; and

 

6. Any licensee or authorization of the Tribal Kingdom for any civil cause of action arising from such person’s activities as a licensee or authorization of the Tribal Kingdom in every city or municipality.       

  

The Tribal Lower Court shall not have jurisdiction over the Tribal Kingdom or any of its Tribal Kings, Tribal Majesty Queens, and Tribal Queens in their capacity as such, without the unequivocal and express consent of the Tribal Kingdom or an unequivocal and express provision in the laws of the Tribal Kingdom.  

 

Section 75. Powers and Duties of Tribal Lower Court Judges. – 

 

The Tribal Lower Court Judges shall have the following authority: 

 

1. To administer oaths and affirmations; and 

 

2. To discharge the duties and exercise the authority conferred by law. 

 

All Judges shall:

 

3. Support the Royal Charter, By-laws, laws of the Tribal Kingdom, and the Natural law of the Land; 

 

4. Faithfully and impartially discharge the duties of the office; 

 

5. Observe and maintain high standards of conduct so that the integrity of the Tribal Lower Court will be preserved; 

 

6. Be patient, dignified and courteous to those appearing before him or those the Judge deals within his capacity as a Judge and shall require similar conduct of court officials subject to Justice’s direction and control; 

 

7. Accord every person in a proceeding the right to be heard in accordance with the law; and dispose of all judicial matters promptly, efficiently, and fairly.

 

Section 76. Powers and Duties of Superior Judge. – The Superior Judge of a Tribal Lower Court shall exercise the administrative supervision over the Tribal Lower Court and Judges thereof. 

 

Section 77. Beginning a Case by Complaint, Petitioning, or Referral. –  

 

1. Beginning Cases by Complaints: A case may begin by anyone giving a Complaint to the Tribal Lower Court Clerk. The person filing a complaint shall be called the Complainant and may be asked to sit in the Pre-hearing session. Upon receipt of a Complaint, the Clerk shall notify the Tribal Lower Court judges who do not have a conflict of interest with the case, and those available shall meet to review the complaint and decide whether or not the Tribal Lower Court judges should hold a Pre-hearing session on the case subject to Section 67 of this Chapter. If so, they shall proceed to a Pre-hearing session under Section 82 of this Chapter. The Tribal Lower Court Clerk shall schedule a date for the Pre-hearing session, and notify the parties. Before the Tribal Lower Court such complaint shall be in writing and shall set forth:

 

a.) The name of the court according to Chapter 1, Section 8 of this Royal Decree;

 

b.) The title of the action and the name of the offense or offenses charged;

 

c.) The name of the person charged; and 

 

d.) The offense or offenses charged, in the language pursuant to Chapter 3, Section 44 of this Royal Decree, together with a statement as to the time, place, person, and property involved to enable the respondent to understand the character of the offense charged; and

 

e.) The complaint shall be signed by the complainant and must be certified by his or her Tribal Counselor. 

 

2. Beginning Cases by Petitions: A case may begin by anyone giving a Petition describing an incident, problem, or situation in the language pursuant to Chapter 3, Section 44, including the name of the court according to Chapter 1, Section 8 of this Royal Decree and shall be signed by the Petitioner and certified by his or her Tribal Counselor. The person filing a petition shall be called the Petitioner and may be asked to sit in the Pre-hearing session. Upon receipt of a Petition, the Clerk shall notify the Tribal Lower Court judges who do not have a conflict of interest with the case, and those available shall meet to review the petition and decide whether or not the Tribal Lower Court judges should hold a Pre-hearing session on the case subject to Section 67 of this Chapter. If so, they shall proceed to a Pre-hearing session under Section 82 of this Chapter. The Tribal Lower Court Clerk shall schedule a date for the Pre-hearing session, and notify the parties. 

 

3. Beginning cases through referrals: A case may begin by a referral from another tribal lower court judge or tribal law officer in the barangay level, or by referral from other courts. The Clerk shall notify the Tribal Lower Court judges who do not have a conflict of interest with the case, and those available shall meet to review the referral case and decide whether or not the Tribal Lower Court judges should hold a Pre-hearing session on the case subject to Section 67 of this Chapter. If so, they shall proceed to a Pre-hearing session under Section 82 of this Chapter. The Tribal Lower Court Clerk shall schedule a date for the Pre-hearing session, and notify the parties.

 

Section 78. Notification of Tribal Lower Court Hearings. – The Tribal Lower Court Clerk shall notify the parties being accused/respondent of a civil violation or offense and any other persons the Court requests in the Courtroom for that case. The notice to the parties shall include a copy of the complaint/petition along with the attachments. The hearing shall be held no more than 30 days after an accused/respondent receives Notice unless the Tribal Lower Court decides there is good reason to have a hearing at a later time.         

 

Section 79. Failure to Appear for a Hearing.- If parties have been given reasonable notice of a hearing but fail to appear for the hearing, the Tribal Lower Court may proceed with the hearing as scheduled and make a decision in the absence of the party, or reschedule it.

 

Section 80. Testimony and Associated Costs. - The witness shall testify in person. The Tribal Lower Court may summon witnesses to testify at the hearings by issuing a Summons to Testify. Any travel costs associated with the testimony of witnesses summoned by the Court shall be paid by the Tribal Kingdom government within the city or municipality.

 

Section 81. Evidence and Affidavits. - The Tribal Lower Court shall hear all evidence it finds proper. Hearsay evidence given under oath shall be considered proper evidence. The Tribal Lower Court may Order evidence to be brought before the Court by issuing a subpoena. The Tribal Lower Court may accept sworn Affidavits as evidence in cases if the witness is not available to testify.

 

Section 82. Procedures in Hearings of the Tribal Lower Court.-

 

1. Opening a hearing: The Presiding Judge shall open the court hearing and may ask that prayer or words from a Territorial Tribal Baylan be given. The Presiding Judge shall then:

 

     a.) Ask the Clerk to administer oaths of confidentiality, fairness, and impartiality to all participants of the case in the courtroom;

 

 b.) Ask the Clerk to begin the recording and state the case number and the date, time, and place of the hearing;

 

 c.) Ask all persons in the Courtroom to state their name and relationship to the case for the record;

 

 d.) Ask how parties were notified of the hearing;

 

 e.) Determine if there are any parties who were notified but are not at the hearing. If a party was notified but is not at the hearing, the Court may either proceed with the hearing or reschedule;

 

  f.) Determine if there are any parties who should have been notified but were not notified. If it is determined that there is a party that was not notified, the hearing shall be rescheduled to allow reasonable notification; 

 

g.) State the rights of all parties including the: right to be notified of court hearings; right to copies of documents submitted to the court and court generated documents; opportunity to be heard; opportunity to present witnesses and evidence; the opportunity to question any witnesses; and right to a fair hearing. The right of all parties referred to in this section are stated in Chapter 3, Section 30 of this Royal Decree;

 

  h.) Ask all parties to sign or swear an oath of truthfulness;

 

   i.) All present at the hearing shall be instructed to maintain confidentiality outside the   Lower Courtroom proceedings as subject to Section 71 of this Chapter.  

 

  j.)  Civil violations: In cases of civil violations, the accused/respondent shall be asked how he or she pleads: guilty, not guilty, or no contest through by his or her Tribal Counselor representative and the Tribal Counselor shall make sure the accused/respondent understands the pleas requested from the Presiding Judge. The accused/respondent shall say what his or her plea is. If the accused/respondent pleads guilty or no contest, the judges may question the Tribal Counselor of the accused/respondent and any participants in the courtroom to gain information that will help them create an appropriate sentence during their deliberations. The word “participants” in this section shall include the Territorial Tribal Baylan. If the accused/respondent pleads not guilty, the hearing shall be held at this time unless the Court finds it appropriate to delay in order for parties to gather witnesses and evidence. If the accused/respondent is present but will not say anything, the Court shall enter a plea of not guilty. 

 

  k.) Criminal offenses: There shall be a separate procedure for criminal offenses in accordance with the provisions of this Royal Decree and not inconsistent with this Royal Decree or other law of the Tribal Kingdom.

 

2. Hearing process: The Presiding Judge shall generally maintain order in the courtroom and direct the order of speaking. Generally, the Presiding Judge will first ask to hear from the complainant/petitioner through its Tribal Counselor representative and then from the accused/respondent as such by his or her Tribal Counselor. Complainant/petitioners and accused/respondents may present witnesses and evidence in the order chosen by the Presiding Judge. Each party shall be permitted to question each other and all witnesses. Judges may question anyone in the Courtroom. When the judges determine that all parties have had sufficient opportunity to speak and present everything they feel is relevant to the case, they shall ask everyone to leave the courtroom while they deliberate. 

 

3. Deliberations: Judges shall take all evidence presented into consideration during their deliberations and the decisions of the Tribal Lower Court shall be made by consensus.  

 

4. A decision in writing: All decisions made by the Tribal Lower Court shall be written on Order forms according to Section 8, Chapter 1 of this Royal Decree. 

 

Section 83. Order, Judgment, and Sentencing. – The provisions for order, judgment, and sentencing found in Chapter 3, Section 43 also apply to the Tribal Lower Courts.

 

Section 84. Written Orders, Timeframe for Complying with Orders, and Proof of Compliance with Orders. – The provisions for written orders, timeframe for complying with orders, and proof of compliance with orders found in Chapter 3, Section 45 and 46 of this Royal Decree also apply to the Tribal Lower Courts.

 

Section 85. Appeals. – The Tribal Court of Appeals shall serve as the Appellate Court for the Tribal Lower Courts. A person who wishes to appeal a case may file a Petition for Appeal with the Tribal Court of Appeals Clerk within 60 days after receiving an Order from the Tribal Lower Court. Appeals filed after 60 days shall not be considered as pursuant to Section 60 of Chapter 4. 

 

CHAPTER 6.

 

TRANSITIONAL PROVISIONS

 

Section 86. First Transitional Clause. – After entry into force of this Royal Decree entire of the Tribal Kingdom shall be monitored every six months by the Privy Tribal Monitoring assigned and appointed by the H.M.R.H.K. for the status and governance of the Tribal Kingdom.  

 

Section 87. Second Transitional Clause. – As from the date of entry into force all provisions of this Royal Decree shall only be amended upon the mandate of the H.M.R.H.K and that to be drafted by the HMQ General Secretary.  

 

 

CHAPTER 7.

 

FINAL PROVISIONS

 

Section 88. Repealing Clause. – All provisions of existing laws, decrees, and regulations contrary to or inconsistent with this Royal Decree are hereby repealed or modified accordingly.

 

Section 89. Separability Clause. – The provisions of this Royal Decree are declared to be separable and if any provisions or the application thereof is held invalid or unchartered, the validity of the other provisions shall not be affected.

 

Section 90. Effectivity Clause. – This Royal decree shall take effect upon the date of its approval.  

 

 

                                                                       The Royal Palace, Bukidnon, 17 March 2018

 

 

                                                                   By Authority Under the H.M.R.H.K’s Sign Manual and Seal

 

 

                                                                                                           (S.G.D)

                                                                                      His Majesty Royal Highness King

                                                                           CONSTANCIO A. SALVO, JR./ DATU KULUBAN

 

 

 

 Countersign by the Administering Body of the Tribal Kingdom

              Executive Tribal Kings Staff of Royal Council

                                          

 

                                             (S.G.D)

        KING CORNELIO C. LUMASAY/ DATU MANTULTULAN

 

       

                                             (S.G.D)

             KING RODOLFO B. PONCE/ DATU SINDULAN  

 

 

The Common Seal of the Tribal Kingdom:

 

 

                                                                             The Drafter and the copy is valued for publication 

                                                                                        Royal Palace, Bukidnon, 17 March 2018

                                                                                  HMQ General Secretary of the Tribal Kingdom

                                                                                                                 Signature

 

 

                                                                                                                    (S.G.D)

                                                                                   HMQ ANGEL A. ESPALTERO/ BAI MAGSUSULAT

PDF>RD 03-1/ 2018