Question & AnswerQ&A (COA Resolution NO. 2011-006)
Section 6, Common Provisions, Article IX of the 1987 Constitution empowers the COA en banc to promulgate its own rules concerning pleadings and practice before it or any of its offices, provided that such rules do not diminish, increase, or modify substantive rights.
The 2009 RRPC became effective on October 28, 2009, after due publication in newspapers of general circulation.
Section 9 originally provided that a decision or resolution of the Commission shall become final and executory after thirty (30) days from notice, unless a motion for reconsideration is seasonably made or an appeal to the Supreme Court is filed.
The modification states that a decision or resolution becomes final and executory after thirty (30) days from notice of the decision. Furthermore, the filing of a petition for certiorari does not stay the execution of the judgment or final order unless the Supreme Court directs otherwise.
Filing a petition for certiorari does not stay the execution of the decision or judgment unless the Supreme Court orders otherwise upon such terms as it may deem just.
A motion for reconsideration may be filed on the grounds that the evidence is insufficient to justify the decision or that the decision of the Commission is contrary to law.
Only one (1) motion for reconsideration of a decision of the Commission shall be entertained.
A motion for reconsideration must be filed within thirty (30) days from notice of the decision or resolution.
Section 8, Rule 64 provides that the filing of a petition for certiorari shall not stay the execution of the judgment or final order sought to be reviewed unless the Supreme Court directs otherwise upon such terms as it may deem just.
It took effect fifteen (15) days following its publication in two (2) newspapers of general circulation after adoption on 17 August 2011.