QuestionsQuestions (EXECUTIVE ORDER NO. 26)
EO 26 is anchored on the constitutional guarantee of speedy disposition of cases, including those before administrative and quasi-judicial bodies.
EO 26 implements Section 14, Chapter 3, Book VII of Executive Order No. 292 (Administrative Code of 1987), which requires agencies to decide each case within 30 days following submission for resolution.
Within thirty (30) days from the date of submission for resolution, unless a different period is fixed by a special law.
The recommending officer must submit the recommendation within twenty (20) days from submission. The approving officer must decide within ten (10) days from submission of the recommendation.
A case is deemed submitted for resolution upon expiration of the period for filing the memorandum, position paper, or last pleading required of the parties.
EO 26 requires a sworn Statement (Annex A) declaring that all cases/incidents submitted to the officer for resolution have been decided within the prescribed period. It must be submitted within ten (10) days after the end of every month to the immediate superior/head of office/officer exercising administrative supervision.
The officer’s salary shall be, or be caused to be, withheld by the head of office or immediate supervisor until the officer complies with the requirement.
It states that withholding is without prejudice to other appropriate penalties that may be provided by law, rules, and regulations.
Only one motion for reconsideration is allowed, and it must be decided within fifteen (15) days from the date of submission for resolution.
Only the motion for reconsideration and opposition thereto are allowed. No other pleading shall be allowed other than those.
All cases/incidents pending resolution upon the effectivity of EO 26 must be decided within thirty (30) days from effectivity of the Executive Order.
Agencies must adopt the required rules no later than forty-five (45) days from EO 26’s effectivity.
Agencies must adopt, unless otherwise provided by special laws and without prejudice to Section 12, Chapter 3, Book VII of the Administrative Code, the mandatory use of affidavits in lieu of direct testimonies and the preferred use of depositions whenever practicable and convenient.
Parties must submit a draft of the decision they seek, stating clearly and distinctly the facts and law on which it is based. The adjudicator may adopt it in whole or in part or reject both after appreciating the evidence and law.
EO 26 directs agencies to include rules encouraging amicable settlement, compromise, and arbitration in accordance with Section 10, Chapter 3, Book VII of the Administrative Code.
Agencies must adopt rules avoiding postponements of hearings/trials and other dilatory tactics which parties or their counsels might employ.
EO 26 does not apply to Congress, the Judiciary, the Constitutional Commissions, military establishments in matters exclusively relating to Armed Forces personnel, the Board of Pardons and Parole, and state universities and colleges.
EO 26 takes effect twenty (20) days following completion of its publication in at least two (2) newspapers of general circulation.