Law Summary
Period for Filing Appeals
- Appeals to the Office of the President are not a matter of right unless statute provides.
- Must be filed within 30 days from receipt of the decision or action appealed.
- Late appeals render the original decision final and executory.
Filing and Contents of Appeal
- Appeals must be submitted directly in writing to the Office of the President.
- Must specify the contested action with reasons, legal authorities, and precedents supporting reversal.
- Notice of appeal must be given to the adverse party and the office that issued the decision.
Finality of Decisions by the Office of the President
- Decisions become final 15 days after receipt by the parties unless a petition for reconsideration is timely filed.
- Grounds to file reconsideration include:
- Non-conformity with law or evidence.
- Newly discovered evidence not available despite diligence.
- Fraud, accident, mistake, or excusable negligence affecting the rights.
Petitions for Reconsideration
- Must be filed within the 15-day period to stop finality countdown.
- Only one petition per party is allowed.
- Late petitions are generally not entertained unless exceptionally meritorious.
Filing Fees and Application of Rules of Court
- A fee of ₱20 applies for each appeal or petition for review.
- Fees accrue to the National Government's general fund.
- Rules of Court shall apply supplementarily when convenient and practical.
Enumerated Departments and Agencies Covered
- Appeals covered include those from:
- Department of Agriculture and Natural Resources (land, forestry, fishpond, fishing licenses)
- Department of Finance (anti-dumping, permits, tax exemptions, smuggling)
- Department of Public Works and Communications (navigation, fishing, contracts)
- Department of General Services (property sales/leases, contracts)
- Government-owned or controlled corporations (contracts)
- Land Authority (formerly Land Tenure Administration)
- Games and Amusements Board (racing clubs, jai-alai rulings)
Effectivity of the Order
- The rules took effect 15 days after publication in the Official Gazette.
- Established formal procedures intended to eliminate delay-inducing, meritless appeals and foster efficient governance.