Authority to Sign Decisions on OP Appealed Cases

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MEMORANDUM ORDER NO. 47: Authority to Sign Decisions on OP Appealed Cases

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Title Source: Supreme Court: Authority to Sign Decisions on OP Appealed Cases

Law: Memorandum Order No. 47

Decision Date: Aug 6, 2012

Deputy Executive Secretary Michael G. Aguinaldo is authorized to sign decisions and resolutions in appealed cases from the Housing and Land Use Regulatory Board to expedite justice and reduce backlog at the Office of the President for a five-month period.

Law Summary

Authority and Legal Basis

The basis for delegation stems from Section 17 of Administrative Order No. 22, series of 2011.
This provision allows the Executive Secretary to temporarily designate the Deputy Executive Secretary for Legal Affairs (DESLA) or other Deputy Executive Secretaries to decide and sign resolutions or orders in appealed cases when exigencies arise.

Scope of Delegated Authority

Deputy Executive Secretary Michael G. Aguinaldo is temporarily authorized to decide and sign decisions, resolutions, or orders in appealed cases under specific conditions:
1. When the decision, resolution, or order AFFIRMS the HLURB's decision, resolution, or order.
2. When the resolution or order DENIES or DISMISSES a motion for reconsideration of a prior OP decision that affirmed the HLURB’s ruling.

Conflict of Interest Protocol

In cases where a conflict of interest arises, as certified in writing by the DESLA, the Deputy Executive Secretary for General Administration (DESGA), Teofilo S. Pilando Jr., is authorized to decide and sign the appealed cases.

Duration and Limitation

The delegation is temporary, effective from 1 August 2012 to 31 December 2012 (five months), subject to earlier termination.
The Executive Secretary retains the authority to exercise powers and functions under Sections 25, 26, and 27, Title III, Book III of the Administrative Code of 1987, notwithstanding this delegation.

Overall Impact

The memorandum aims to streamline case handling and reduce backlog in OP appeals, ensuring prompt resolution while maintaining legal oversight and adherence to administrative rules.

END