ADMINISTRATIVE ORDER Order No. 22 (s. 2011) - Prescribing Rules and Regulations Governing Appeals to...
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Transcript of ADMINISTRATIVE ORDER Order No. 22 (s. 2011) - Prescribing Rules and Regulations Governing Appeals to...
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
http://slidepdf.com/reader/full/administrative-order-order-no-22-s-2011-prescribing-rules-and-regulations 1/4
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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PNOY003644
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
http://slidepdf.com/reader/full/administrative-order-order-no-22-s-2011-prescribing-rules-and-regulations 2/4
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
decision/resolution/order
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
decision/resolution/order
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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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
http://slidepdf.com/reader/full/administrative-order-order-no-22-s-2011-prescribing-rules-and-regulations 3/4
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
decision/resolution/order
ppealed
iom,
either
by attaching
he
same o
the
rnemorandum
ecision
r
by
quoting
he
decision/resolution/order
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
decision/resolution/order
f
the
Office
of
the
Presideni
o the
Court f
Appeals
r he
Supreme
ourt,
he
decision/resolution/order
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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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
http://slidepdf.com/reader/full/administrative-order-order-no-22-s-2011-prescribing-rules-and-regulations 4/4
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
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