ADMINISTRATIVE ORDER Order No. 22 (s. 2011) - Prescribing Rules and Regulations Governing Appeals to the Office of the President of the Philippines

8/9/2019 ADMINISTRATIVE ORDER Order No. 22 (s. 2011) - Prescribing Rules and Regulations Governing Appeals to the Office of the President of the Philippines

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MALACANAN

PALACE

MANIt"\

BY

THE

PRESIDENT

FTHE

PHILIPPINES

ADMINISTRATIVE

RDER

NO.

22

PRESCRIBING

ULES

AND

REGULATIONS

OVERNING

PPEALS

TO

THE

OFFICE FTHEPRESIDENTFTHEPHILIPPINES

WHEREAS,Administrative

rder AO)

No. 18

(s.

1987)

was

promulgated

o

govern

ppeals

o the Office

of

the

president;

WHEREAS,

n view

of

the

lapse

of time and experienceained

rom

the

past,

some

f he

provisions

f AO

No.

18,

as

amended, eed

evision

o

addressssues

hat

havearisen

nd

o update

he

rules

o

meet he requirements

f existing

olicies

nd

laws,

without,

owever,

diminishing

he

right of

the President

o refuse

o

give

due

course

o appeals

r

petitions

or

review

n

caseswhere

here s

no

express

rovision

f

law ecognizinghe rightof thepartiesoappeal o theOffice f hePresident;

NOW,

THEREFORE,

,

BENIGNO

.

AQUINO ll, President

f

the Philippines,

by virtue f

the

powers

ested

n

me

by law,

do hereby

promulgate

he following

ules

and regulations

o

govern

appeals

o

or

petitions

or

review

iled

with he

Office

of the

President,

s ollows:

SECTION

. Period

to

appeal.

Unless thenruise

rovided

y special

aw,

an

appeal

o the

Office

of

the President

hall

be taken

within ifteen

15)

days

rom

notice

of theaggrieved

afty

of

the decision/resolu tion/order

ppealed

rom,

or oi the denial,

n

part

or

in whole,

of a

motion

or

reconsideration

uly

filed

n

accordance

with

the

governingawof thedepartment ragency oncerned.

SECTION

. Appeal,

how

aken.

heappeal

hall e

aken

y ilinga Notice

f

Appealwith

he

Officeof

the President,

ith

proof

of service

f

a copy

hereof

o

the

department

r agency

concerned

nd

he

affected

arties,

nd

payment

f

the appeal

fee.

SECTION

. Appeal

ee.

The

appellant

hall

pay

o the

Office

f the President

theappeal

ee

of Php1,500.00

ithin

he

same

period

or iling

Notice

f Appeal

under

Section

hereof.

For

appeals

of

deportation

rders

of

the Bureau

f lmmigration,

he

appealee

s

Php10,000.00.

auper

itigants,

uly certif ied

s

such

n accordance

ith

the Rules f Court, hallbe exemptedrom he payment f appealee.Exemptionrom

payment

f

he

aMul

appeal

ees

may

be

granted

y the Office

f

the

President

pona

verified

motion

etting

orth

valid

grounds

herefor.f

the motion

s

denied,

he

appellant

shall

pay

he

appeal

ee

within

ifteen 15)

days rom

notice

f he

denial.

SECTION

.

Transmittal

of

record.

Within en

(10)

days

rom receipt

of a

copy

of

the

Notice

f Appeal,

he

department

r

agency oncerned

hall

ransmito the

Office

of the

President

he

complete

ecords

of

the case

with

each

page

consecutively

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numberednd nitialled

y

the custodian

f

the

records,

ogether

ith

a

summary

f

proceedings

hereon

rom

he iling

of

thecomplaint

r

petition

efore

he

office

of oiigin

up to

transmittal

o

the

Office

of the

President

n chronological

rder

ndicating

he

action aken,

ncidents

esolved,

nd isting

f

all

pleadings,

otions,

manifestaiions,

annexes,xhibits

nd

other

papers

r

documents

iledby

the

contending

arties,

he

correspondingrders,esolutionsnddecisions, s requiredn Memorandumircular

(Mc)

No.

23

s

1ee1) .

SECTION

. Perfection

f appeal.

he

appeal

hall

be

deemed

erfected

pon

the iling f

he Notice

f

Appeal,

ayment

f

theappeal

ee,

and

he iling

f the

appeal

memorandum.

SECTION

. Period

o file

appeal

memorandum.

he

appeal

memorandum

shallbe iledwithin

hirty 30)

days

rom

hedate

he Notice

f Appeal

s

filed,

with

proof

of service f

a copy

hereof

o the department

r agency

concerned

nd

the

affected

parties.

SECTION

.

Appeal

memorandum.

he

appeal

memorandum

hall

be filed n

three

3)

copies

nd

shall a)

contain

he

caption

nd docket

umber

f

the case

as

presented

n

the office

of origin

and

the addresses

f

the

parties;

b)

indicate

he

specificmaterial

ates

showing

hat t

is filed

within

he

period

rescribed

n

Section

hereof;

c)

contain

concise

tatement

f the

facts

and ssues

nd

he

grounds

elied

upon or

heappeal;

nd (d)

be

accompanied

y

a

clearly

egible

uplicate

riginal

r

a

certified

rue

copy

of the

decision/resolution/order

eing

appeited.

SECTION

.

Non-compliance

ith

requirements.

he

ailure

f

the appellant

to comply

ith

any

of

the

requirements

egarding

he

payment

f

the

appeal

ee,

proof

of service f the appealmemorandum,nd he contents f and he documents hich

should ccompany

he

appeal

memorandum

hall

be

sufficient

round

or

he

dismissal

of heappeal.

SECTION

.

Stay

of

execution.

The

execution

f the


appealed

rom

is

stayed

upon

the filing

of

the

Notice

of

Appeal

within

the

period

prescribed

erein,

rovided

hat he

stay

of

execution

hall

not

apply

a)

where

provided

by

specialaw,

and (b)

n

decisions/resolutions/order

f

the Department

f Interior

nd

Local

Government

ursuant

o AO

No.

23

s.

1992),

s

amended.

owever,

n

all

cases,

at any ime

during

h_e

endency

f

the appeal,

he

Office

of

the

President

ay

director

stay

he execution

f

the


ppealed

rom

upon

such

erms

and

conditionss tmaydeem ustand easonable.

With

respect

o

decisionsiresolutionsiorders

f

the

Housing

and

Land

Use

Regulatory

oard,

he

appeal

will

stay he

execution

or

a

period

f

siity

(60)

days

rom

the dateof

he

iling

of

a

Notice

f Appeal

within

he

period

et n

Section

,

after

which

the decision/resolu tion/order

hall

be executory

nless

othenrvise

rdered

y

the

Office

of the President.

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SECTION

0.

Action

on

appeal,

The Office

f

the President

ay

require

he

appellee

o

file

a comment

o

the

appeal

memorandum

ithin

ifteen

15)

days

rom

notice, r

dismiss

he

appeal

f

the

Office

of the

President

inds

hai

(a)

it

has

no

jurisdiction,

b)

the

appeal

s

patently

without

merit,

(c)

the

appeal

s

'prosecuted

manifestlyor

delay,

r

(d)

he

questions

aisedn

the

appeal

re'ioo

unsubstantial

o

requireonsideration.

SECTION

1.

Comment.

The

comment

hall

(a) point

out insufficiencies

r

inaccuracies

n

appellant's

tatement

f facts

and

ssues

nd

(b)

state

he

reasons

hy

the

appeal

hould

e

denied

r

dismissed.

copy

hall

be

served

n

heappellant

nd

thedepartment

r agency

oncerned,

ith

proof

f service

ubmitted

o the Office

f

the

President.

SECTION

12.

Submission

or

resotution.

The

appeal

shall be

deemed

submitted

or

resolution

pon

eceipt

f

the comment,

nless

he

Office

f the President

directs therwise

SECTION

3.

Memorandum

ecision.

n

cases

where

he

acts

re n

he main

accepted

by

both

parties

and

easily

determinable,

nd

there

are

no

doctrinal

complications

nvolved

hat

will

require

n

extended

iscussion

f

the

aws nvolved,

he

decision

n

appealed

ases

may

be

in

the form

of

a memorandum

ecision.

The

memorandum

ecision

hall

adopt

by

reference

he

indings

f fact

andconclusions

f

law contained

n

the


ppealed

iom,

either

by attaching

he

same o

the

rnemorandum

ecision

r

by

quoting

he


n

ttre

memorandum

ecision.

SECTION

4.

Finatity

of

decision.

Decisions/resolutions/orders

f the

Office

of

thePresidenthall, xcept sotherwise rovidedor byspecialaws,becomeinalafter

the lapse

of

fifteen 15)

days

rom

receipt

of a

copy

hereof

by

the

parties,

nless

a

motion

or

reconsideration

hereof

s

filed

within

such

perioO.

Onty

one

motion

or

reconsideration

y

any

one

party

hall

be

allowed

nd

entertained,

ave n

exceptionally

meritorious

ases.

SECTION

5.

Executory

nature

of

decision.

Notwithstanding

n appeal

or

petition

or

review

of

the


f

the

Office

of

the

Presideni

o the

Court f

Appeals

r he

Supreme

ourt,

he


f the

Office

f

the

President

s

executory

nd

he

records

will

be remanded

o

the

department

r

agency

where

he case

originated,

nless

he

Court

of Appeals

r

the

Supreme

ourt ssues

n

order tayingheexecutionf hedecision/resolutioniorder.

SECTION

6.

Withdrawal

f

appeal.

n appeal

may

be

allowed

o bewithdrawn

3t

any

ime

prior

o

the

promulgation

f

a decision/resolution/order

f

the Office

of

the

President

n

the

appeal,

xcept

when

public

nterest

s

prejudiced

hereby.

pon

he

approval

f

the

withdrawal

f

an

appeal,

he case

shall

iand

as

if

no

appeal ad

ever

been

aken.

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SECTION

7.

Delegation

f authori ty. 1)

Unless

thenvise

rdered

n

writing

by

the

President,

he

Executive

Secretary

s

authorized

o decide

and

sigi

decisions/resolutions/orders

n

appealed

ases.

Where

exigencies

rise,

he Executiie

Secretary

ay n

writing

emporarily

esignate

he

Deputy

Executive

ecretary

or

Legal

Affairs or any

Deputy

Executive

secretary

to

decide

aho

sign

decisios/resoltions/ordes n appealedases.

(2)

Unless

therwise

rdered

n

writing

y

he President

r

the Executive

ecretary,

he

DeputyExecutive

ecretary

or

LegalAffairs

ay sign

esolutions

nd

orders

which:

a)

are

nterlocutory

n

nature; b)

dismiss

ppeals

iled

out of

time

or

overwhich

he

Office

of the

President

as

no

jurisdiction;

c)

dismiss

ppeals

n mutual

greement

f

the

parties,

r which

have

been

withdrawn;

nd

d)

declare

a decisioniresolution/order

n an

appealed

ase

as

final

and/or

executory,

nd

remanding

he

case

to

the

relevant

department

r

agency.

SECTION

8.

Limitation

n

appeals.

ppeals

rom

decisions/resolutions/orde

of the Departmentf Justiceshallcontinueo be limited o those nvolving ffenses

punishable

y

reclusion

erpetua

o

death

n

accordance

ith

MCNo.

58

(s.

tbg3).

SECTION

9.

Application

f

Rules

of Court.

The

Rules

f Court

hall

apply n

a suppletory

haracter

henever

racticable

nd

convenient.

SECTION

0.

Repealing

lause.

AO

No.

18,

as amended,

s hereby

epealed,

and any

other

executive

rder,

ule

or regulation

r any

parl

hereof

nconiistent

with

thisAdministrative

rder

s

hereby

modified

nd/or

amended

ccordingly.

SECTION

1.

Separabitity

lause.

f

any

provision

r

part

of

this

Administrative

Order s held nvalidor unconstitutional,he provisions ot otherwise ffectedshall

remain alid

nd

subsisting.

SECTION

2.

Effectivity

ctause.

This

Adminisirative

rder

shall

take

effect

fifteen

15)

days

rom

publication

n

a

newspaper

f

general

irculation.

DONE,

n

the

City

of

Manila,

his

1

ttr

day

of

Lctober

our Lord,

Two

Thousand

nd

Eleven.

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in

the

year

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Documents

ADMINISTRATIVE ORDER Order No. 22 (s. 2011) - Prescribing Rules and Regulations Governing Appeals to the Office of the President of the Philippines