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ADMINISTRATIVE ORDER NO. 18
ADMINISTRATIVE ORDER NO. 18 -
PRESCRIBING RULES AND REGULATIONS GOVERNING APPEALS TO THE OFFICE OF
THE PRESIDENT OF THE PHILIPPINES
WHEREAS, Executive Order No. 19 was
promulgated on April 2, 1966 to govern appeals to the Office of the
President;
WHEREAS, most of the provisions of Executive Order No. 19, as amended,
have been rendered obsolete by policies adopted and laws enacted since
its promulgation on April 2, 1966, and, therefore, needs revision to
meet the requirements of such policies and laws, without, however,
minimizing the right of the President to refuse to give due course to
appeals or petitions for review in cases where there is no express
provision of law recognizing the right of the parties to appeal to the
Office of the President;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by law, do hereby promulgate the
following rules and regulations to govern appeals to or petitions for
review filed with the Office of the President, as follows:
Section 1. Unless otherwise governed by special laws,
an appeal to the Office of the President shall be taken within thirty
(30) days from receipt by the aggrieved party of the
decision/resolution/order complained of or appealed from. Said appeal
shall be filed with the Office of the President, or with the
Ministry/agency concerned, with copies furnished to the affected
parties and, if the appeal is filed with the Office of the President,
to the Ministry/agency concerned. If the appeal is directly filed with
the Ministry/agency concerned, such Ministry/agency shall, within five
(5) days from receipt thereof, transmit the appeal to the Office of the
President, together with the records of the case.
The time during which a motion for reconsideration has been pending
with the Ministry/agency concerned shall be deducted from the period
for appeal. But where such a motion for reconsideration has been filed
during office hours of the last day of the period herein provided, the
appeal must be made within the day following receipt of the denial of
said motion by the appealing party.
Sec. 2. The appeal shall contain the caption and
docket number of the case as presented in the office of origin and the
addresses of the parties; shall indicate the specific material dates
that it is filed within the period prescribed in Sec. 1 hereof; and
shall state the grounds relied upon for the appeal, the issues
involved, and the reliefs sought. It shall be accompanied with a copy
of the decision/resolution/order being appealed.
Sec. 3. A fee of One Hundred Pesos (P100.00) shall
be charged for every appeal to the Office of the President.
Pauper litigants duly certified as such in accordance with the Rules of
Court shall be exempted from the payment of appeal fee.
Sec. 4. Extension of time for the payment of
appeal fee and the filing of pleadings shall not be allowed, except for
good and sufficient cause and only if the motion for extension is filed
before the expiration of the time sought to be extended.
Sec. 5. The appeal may be dismissed for failure to
comply with the Orders of the Office of the President issued in
connection with the appeal.
Sec. 6. Except as otherwise provided by special
laws, the execution of the decision/resolution/order appealed from is
stayed upon the filing of the appeal within the period prescribed
herein. However, in all cases, at any time during the pendency of the
appeal, the Office of the President may direct or stay the execution of
the decision/resolution/order appealed from upon such terms and
conditions as it may deem just and reasonable.
Sec. 7. Decisions/resolutions/orders of the Office
of the President shall, except as otherwise provided for by special
laws, become final after the lapse of fifteen (15) days from receipt of
a copy thereof by the parties, unless a motion for reconsideration
thereof is filed within such period.
Only one motion for reconsideration by any one party shall be allowed
and entertained, save in exceptionally meritorious cases.
Sec. 8. An appeal may be allowed to be withdrawn
at any time prior to the promulgation of the decision/resolution/order
of the Office of the President on the appeal except when public
interest is prejudiced thereby. Upon the approval of the withdrawal of
an appeal, the case shall stand as if no appeal had ever been taken.
Sec. 9. The Rules of Court shall apply in a
suppletory character whenever practicable.
Sec. 10. Executive Order No. 19, series of 1966,
as amended, is hereby repealed, and any other executive order, rule or
regulation or any part thereof inconsistent with this Order is hereby
modified and/or amended accordingly.
Sec. 11. This Order shall take effect fifteen (15)
days from publication in the Official Gazette.
Done in the City of Manila,
this 12th day of February, in the year of Our Lord, nineteen hundred
and eighty-seven.
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