EXECUTIVE ORDER NO. 26
EXECUTIVE ORDER NO. 26 -
PRESCRIBING PROCEDURE AND SANCTIONS TO ENSURE SPEEDY DISPOSITION OF
ADMINISTRATIVE CASES
WHEREAS, the Constitution guarantees the
speedy disposition of cases, including those brought before
administrative and quasi-judicial bodies;
WHEREAS, Book VII of the Administrative Code of 1987 (Executive Order
No. 292) prescribes the Administrative Procedure to be observed by all
government agencies, including departments, bureaus, boards, offices,
commissions, and similar bodies;
WHEREAS, Section 14, Chapter 3, of said Administrative Procedure
mandates that all government agencies “shall decide each case within
thirty (30) days following its submission” for resolution;
WHEREAS, the same Administrative Procedure was prescribed in the
interest of speedy and inexpensive disposition of cases;
WHEREAS, it is necessary to issue regulations to government agencies to
fully implement the said Administrative Procedure;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by
virtue of the powers vested in me by law, do hereby order all
government agencies to strictly observe the following regulations in
the disposition of cases;
1.
Period For Deciding Cases or Incidents
1.1
Unless a different period is fixed by special law, all contested cases
or incidents shall be decided within thirty (30) days from the date of
submission for resolution pursuant to Section 14, Chapter 3, Book VII
of the Administrative Code of 1987.
1.2 Where the
officer’s action is only recommendatory to his immediate superior or
head of office, he shall submit his recommendation within twenty (20)
days from date of submission of the case or incident for resolution.
The approving officer shall have ten (10) days from submission of the
recommendation to decide the case or incident.
1.3 A case or
incident is deemed submitted for resolution upon expiration of the
period for filing the memorandum, position paper or last pleading
required of the parties.
1.4 Every
officer charged with the resolution of cases or incidents shall submit
to his immediate superior, head of office, or officer exercising
administrative supervision over him, within ten (10) days following the
end of every month, a sworn Statement of Disposition of Cases (Annex
“A”) declaring that all cases or incidents submitted to him for
resolution have been declared within the prescribed period.
1.5 Only one
motion for reconsideration shall be allowed, which shall be decided
within fifteen (15) days from date of submission for resolution. No
other pleading shall be allowed other than the motion for
reconsideration and opposition thereto.
1.6 Cases and
incidents pending resolution upon the effectivity of this Executive
Order shall be decided within thirty (30) days from effectivity of this
Executive Order.
1.7 The salary
of any officer who fails to submit the Statement of Disposition of
Cases within the prescribe period shall be, or cause to be, withheld by
the head of office or immediate supervisor until the said officer
complies with paragraph 1.4 above. This is without prejudice to the
imposition of other appropriate penalties as may be provided by law,
rules and regulations.
2.
Abbreviation of Proceedings. — All administrative agencies are hereby
directed to adopt and include in their respective Rules of Procedure
the following provisions:
2.1
Rules encouraging the parties and their counsels to enter into amicable
settlement, compromise and arbitration in accordance with Section 10,
Chapter 3, Book VII of the Administrative Code of 1987;
2.2 Rules
adopting, unless otherwise provided by special laws and without
prejudice to section 12, Chapter 3, Book VII of the Administrative Code
of 1987, the mandatory use of affidavits in lieu of direct testimonies
and the preferred use of depositions whenever practicable and
convenient;
2.3 Rules
requiring the parties, unless otherwise provided by special laws, to
submit in addition to the memorandum, position paper, or last pleading
required of them, a draft of the decision they seek, stating clearly
and distinctly the facts and the law upon which it is based. Following
the termination of the hearing or trial, the officer, board or
commission charged with resolving the case may, after considering and
appreciating the applicable laws, rules and regulations and the
evidence submitted, adopt, in whole or in part, either of the parties’
draft decisions, or reject both. This requirement shall likewise be
applied to motions or applications for orders other than the final
judgment; and
2.4 Rules
avoiding postponements of hearings or trials and other dilatory tactics
which the parties or their counsels might employ.
Administrative agencies shall
adopt the foregoing rules not later than forty-five (45) days from the
effectivity of this Executive Order.
3.
Applicability. — In accordance with Sec. 2, Chapter 1, Book VII of
the Administrative Code, these regulations shall, unless otherwise
provided by special laws, apply to government agencies, including any
department, bureau, board, office, commission, authority or officer of
the National Government authorized by law or executive order to
adjudicate cases.
These regulations shall not
apply to the Congress, the Judiciary, the Constitutional Commission,
military establishments in all matters relating exclusively to Armed
Forces personnel, the Board of Pardons and Parole, and state
universities and colleges.
4.
Effectivity. — This Executive Order shall take effect twenty (20) days
following the completion of its publication in at least two (2)
newspapers of general circulation.
DONE in the City of Manila,
this 7th day of October in the year of Our Lord, nineteen hundred and
ninety-two.
ANNEX “A”
(Office)
____________________
(address)
____________________
STATEMENT OF DISPOSITION OF CASES
_____________ (Name) __________________ (Position),
____________________, (Division/Office) __________________ (Address of
Social Station) __________________ hereby certify under oath that to
date I have decided all cases and incidents assigned to me within
thirty (30) days from the date of submission for resolution, or in the
case of motions for reconsideration within fifteen (15) days from the
date of submission for resolution.
_________, 199__
_________________
(Name)
_________________
(Position)
SUBSCRIBED AND SWORN to before me this ___________ day of
___________ 199___ in ___________
______________________
Notary/Officer Authorized
under R.A. 6733
Verified by:
________________________________
Head of Office/Immediate Supervisor
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Since 19.07.98.