Prescribing Rules And Regulations Governing Appeals To The Office Of The President Of The Philippines

Case Overview and Summary

Summary of Administrative Order No. 22

Period to Appeal (Section 1):
- Appeals to the Office of the President must be taken within 15 days from notice of the decision/order appealed from or denial of a motion for reconsideration.

How to Appeal (Section 2):
- File a Notice of Appeal with the Office of the President, serve a copy to the agency and affected parties, and pay the appeal fee.

Appeal Fee (Section 3):
- Appeal fee is Php1,500, except for appeals of deportation orders (Php10,000).
- Pauper litigants are exempted from paying the appeal fee.
- The Office of the President may grant exemption from appeal fee upon a verified motion.

Transmittal of Records (Section 4):
- The agency must transmit the complete records of the case to the Office of the President within 10 days from receipt of the Notice of Appeal.

Perfection of Appeal (Section 5):
- The appeal is perfected upon filing the Notice of Appeal, paying the appeal fee, and filing the appeal memorandum.

Period to File Appeal Memorandum (Section 6):
- The appeal memorandum must be filed within 30 days from the date the Notice of Appeal is filed.

Appeal Memorandum (Section 7):
- The appeal memorandum must contain the case caption, specific material dates, a concise statement of facts and issues, and a copy of the decision/order appealed from.

Non-compliance with Requirements (Section 8):
- Failure to comply with requirements regarding appeal fee, service of appeal memorandum, and contents/documents accompanying the appeal memorandum is ground for dismissal of the appeal.

Stay of Execution (Section 9):
- Execution of the decision/order appealed from is stayed upon filing the Notice of Appeal, except where provided by special law and decisions/orders of the Department of Interior and Local Government.
- For Housing and Land Use Regulatory Board decisions/orders, the stay of execution is for 60 days from filing the Notice of Appeal.

Action on Appeal (Section 10):
- The Office of the President may require the appellee to file a comment or dismiss the appeal if it has no jurisdiction, the appeal is patently without merit, prosecuted for delay, or raises unsubstantial questions.

Comment (Section 11):
- The comment must point out insufficiencies or inaccuracies in the appellant's statement of facts and issues and state reasons why the appeal should be denied or dismissed.

Submission for Resolution (Section 12):
- The appeal is deemed submitted for resolution upon receipt of the comment, unless the Office of the President directs otherwise.

Memorandum Decision (Section 13):
- In cases where the facts are accepted by both parties and there are no doctrinal complications, the decision may be in the form of a memorandum decision adopting the findings of fact and conclusions of law from the appealed decision/order.

Finality of Decision (Section 14):
- Decisions/orders of the Office of the President become final after 15 days from receipt by the parties, unless a motion for reconsideration is filed within that period.

Executory Nature of Decision (Section 15):
- Decisions/orders of the Office of the President are executory despite an appeal or petition for review to the Court of Appeals or Supreme Court, unless a stay of execution is issued.

Withdrawal of Appeal (Section 16):
- An appeal may be withdrawn at any time prior to the promulgation of a decision/order by the Office of the President, except when public interest is prejudiced.

Delegation of Authority (Section 17):
- The Executive Secretary is authorized to decide and sign decisions/orders in appealed cases, and may temporarily designate a Deputy Executive Secretary for this purpose.
- The Deputy Executive Secretary for Legal Affairs may sign interlocutory resolutions and orders, dismissals of appeals filed out of time or over which the Office of the President has no jurisdiction, dismissals upon mutual agreement or withdrawal, and declarations of finality/executory nature.

Limitation on Appeals (Section 18):
- Appeals from decisions/orders of the Department of Justice are limited to those involving offenses punishable by reclusion perpetual to death.

Application of Rules of Court (Section 19):
- The Rules of Court shall apply in a suppletory character whenever practicable and convenient.

Repealing Clause (Section 20):
- Administrative Order No. 18, as amended, is repealed, and any other inconsistent executive order, rule or regulation is modified/amended accordingly.

Separability Clause (Section 21):
- If any provision is held invalid or unconstitutional, the remaining provisions shall remain valid and subsisting.

Effectivity Clause (Section 22):
- This Administrative Order shall take effect 15 days from publication in a newspaper of general circulation.