ASC Circular 2020-018 – Virtual Panel Hearings During Community Quarantine

The ASC is issuing these special procedures for panel hearings of complaints via virtual conferencing. These will be effective this 4th week of July 2020.

A. Filing of Complaints

For details on how to file complaints, i.e., form, substance, documentation requirements, burden of proof, prescription period, etc., please refer to RULE V. Procedures on Disputes and Complaints of the Manual of Procedures in the ASC Guidebook.
To download a copy of the ASC Guidebook, please visit the ASC website at www.asc.com.ph and click on ASC Guidebook on the red bar or click on this link: https://asc.com.ph/wp-content/uploads/2016/06/ASC_Guidebook.pdf

B. Panel Hearings

1. Hearing days will be every 2nd and 4th Wednesdays of the month. However, for July, it will be on the 4th and 5th Wednesdays (July 22 and 29, respectively).
2. ASC Management will schedule a case hearing on either day BUT the chosen date of hearing should not be less than 7 calendar days from the date of review/approval of complaint letter by Ad Specialist/Operations Manager to give chance to both Complainants and Defendants to prepare.ASC Management will invite panel volunteers to form 5-man panel for hearing date.
3. Hearing schedule is FINAL. Complainants/Defendants cannot ask for postponement due to the difficulty in securing volunteer panelists who do not have conflict with the categories that will be heard.
4. ASC Ad Specialist will email the Defendant and Complainant the following:
   • Notice of hearing,
   • A copy of the complaint letter, and
   • The Confidentiality/Non-Disclosure Agreement at least six (6) calendar days before the hearing date.
5. Defendant and Complainant must Immediately acknowledge receipt of hearing schedule with the understanding that hearing schedule is FINAL.
6. Complainants and Defendants will submit to the ASC Ad Specialist the names, email addresses to be used in ZOOM hearing and mobile numbers of their participants to the virtual panel hearing (maximum of 5 pax each side) at least three (3) calendar days before the hearing. This is for purposes of inviting them to the virtual panel hearing.
7. All participating Complainants and Defendants will submit to the ASC Ad Specialist their accomplished and signed Confidentiality/Non-Disclosure Agreement at least three (3) calendar days before the hearing. A participant who does not submit the accomplished Confidentiality/ Non-Disclosure Agreement will not be sent an invitation to the virtual hearing.

((NOTE: A similar Confidentiality Agreement will also be sent by the ED to all participating Panelists for signature and submission to ASC on a one-time basis)

8. To further ensure confidentiality of proceedings, Complainants and Defendants will be sent different invitations to the virtual hearings. ASC Operations Manager or Executive Director will send respective meeting links/invitations to Complainants, Defendants, Panelists and ASC Management at least two (2) calendar days prior to scheduled hearing.
9. Last minute changes in attendees for Complainants and Defendants will only be allowed upon the submission of a formal email notice to the Executive Director and Operations Manager from 8AM to 12Noon of the day before the set hearing. Beyond that, change in attendees will no longer be allowed.
10. A copy of the presentation of the Complainant and Defendant must be emailed to the Ad Specialist by 12Noon of the day before the set hearing.

HEARING TIMELINE

HEARING DATE: 2nd / 4th WEDNESDAY OF THE MONTH

C. Hearing Proper

1. ASC Operations Manager or Executive Director will activate ZOOM/virtual conferencing for Panelists, ASC Ad Specialist, Operations Manager and Executive Director 15 minutes before set hearing time. Ad specialist will brief panelists on case complaint and the virtual hearing procedure that will be followed.
2. After briefing, OM or ED will allow the Complainants to enter the ZOOM meeting. Ad specialist shall

• • Introduce herself, the panelists and ASC Management
  • Request lead person for the Complainant to introduce all participants on their side.
  • Remind Complainants that proceedings will be recorded by ASC,
  • Remind everyone that they signed the Confidentiality/ Non-Disclosure Agreement,
  • Remind Complainants that they have 20 minutes to present and 10 minutes for Q&A

3. After the Complainant has presented and the Q&A is completed, the ZOOM call will be terminated.
4. ASC OM or ED will activate ZOOM/virtual conferencing for Panelists, ASC Ad Specialist, Operations Manager, Executive Director and participants from the Defendant’s side. Ad specialist shall:

• • Introduce herself, the panelists and ASC Management
  • Request lead person for the Defendant to introduce all participants on their side.
  • Remind Defendants that proceedings will be recorded by ASC,
  • Remind everyone that they signed the Confidentiality/ Non-Disclosure Agreement
  • Remind Defendants that they have 20 minutes to present and 10 minutes for Q&A

5. After the Defendant has presented and the Q&A is completed the ZOOM call will be terminated.
6. ASC OM or ED will activate ZOOM/virtual conferencing for Panelists, ASC Ad Specialist, Operations Manager, and Executive Director for the deliberation of the case based on the evidences presented by both parties.

SAMPLE PANEL HEARING TIME / SCHEDULE

7. A Decision Letter will be emailed to the Complainant and Defendant within 48 hours after the case hearing has ended.

Please be guided accordingly.

CASE HEARING FLOWCHART