Constitutional and statutory basis
- The order implements the constitutional guarantee of speedy disposition of cases, including administrative and quasi-judicial matters.
- Book VII of Executive Order No. 292 (Administrative Code of 1987) supplies the administrative procedure framework for government agencies.
- Section 14, Chapter 3, Book VII requires agencies to decide each case within thirty (30) days following submission for resolution.
- The order is issued to ensure full implementation of the Administrative Code’s interest in speedy and inexpensive disposition.
Period to decide: principal deadlines
- All contested cases or incidents must be decided within thirty (30) days from the date of submission for resolution unless a different period is fixed by special law (paragraph 1.1).
- If the officer’s action is only recommendatory to the immediate superior or head of office, the officer must submit the recommendation within twenty (20) days from submission for resolution (paragraph 1.2).
- The approving officer must decide within ten (10) days from submission of the recommendation (paragraph 1.2).
- 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 (paragraph 1.3).
What triggers submission and reporting
- Every officer charged with resolution must submit to the immediate superior, head of office, or officer exercising administrative supervision a sworn Statement of Disposition of Cases (Annex "A") within ten (10) days following the end of every month (paragraph 1.4).
- The sworn statement certifies that all cases or incidents submitted for resolution have been decided within the prescribed period (paragraph 1.4).
- Pending cases and incidents at the time of effectivity must be decided within thirty (30) days from the order’s effectivity (paragraph 1.6).
Motions for reconsideration limits
- Only one (1) motion for reconsideration is allowed (paragraph 1.5).
- A motion for reconsideration must be decided within fifteen (15) days from the date of submission for resolution (paragraph 1.5).
- No other pleading is allowed except the motion for reconsideration and the opposition thereto (paragraph 1.5).
- The briefing/decisional deadlines apply to motions for reconsideration under the certification in Annex "A" (Annex "A").
Sanctions for late disposition
- If an officer fails to submit the Statement of Disposition of Cases within the prescribed period, the officer’s salary must be withheld by the head of office or immediate supervisor until compliance with paragraph 1.4 (paragraph 1.7).
- Withholding of salary is without prejudice to the imposition of other appropriate penalties provided by law, rules, and regulations (paragraph 1.7).
Procedural accelerators for agencies
- Government agencies must include in their respective Rules of Procedure provisions that:
- Encourage amicable settlement, compromise, and arbitration in accordance with Section 10, Chapter 3, Book VII of the Administrative Code of 1987 (paragraph 2.1).
- Adopt the mandatory use of affidavits in lieu of direct testimonies and the preferred use of depositions whenever practicable and convenient, subject to special laws, and without prejudice to Section 12, Chapter 3, Book VII of the Administrative Code of 1987 (paragraph 2.2).
- Require parties, unless otherwise provided by special laws, to submit a draft of the decision they seek in addition to the memorandum, position paper, or last pleading—stating clearly and distinctly the facts and the law (paragraph 2.3).
- Allow the deciding officer, board, or commission, after termination of hearing or trial and after considering evidence and applicable rules, to adopt in whole or in part either party’s draft decision or reject both (paragraph 2.3).
- Apply the draft-decision requirement also to motions or applications for orders other than final judgment (paragraph 2.3).
- Avoid postponements of hearings or trials and other dilatory tactics employed by parties or their counsels (paragraph 2.4).
- Agencies must adopt these rules not later than forty-five (45) days from the order’s effectivity (paragraph 2).
Coverage and exclusions
- The regulations apply to government agencies authorized to adjudicate cases, including any department, bureau, board, office, commission, authority, or officer of the National Government authorized by law or executive order to adjudicate cases, unless a different rule is fixed by special laws (paragraph 3(a)).
- The regulations do not apply to:
- Congress
- The Judiciary
- The Constitutional Commission
- Military establishments in matters relating exclusively to Armed Forces personnel
- The Board of Pardons and Parole
- State universities and colleges (paragraph 3).
Required sworn form: Annex "A"
- The required Statement of Disposition of Cases (Annex "A") must be sworn by the officer identified with blanks for name, position, division/office, and address of social station (Annex "A").
- The officer must certify under oath that, to date, all cases and incidents assigned have been decided within thirty (30) days from the date of submission for resolution, and that motions for reconsideration have been decided within fifteen (15) days from the date of submission for resolution (Annex "A").
- The form must be dated , 199 and signed by the officer (Annex "A").
- The statement must be subscribed and sworn before a notary or an authorized officer, under R.A. 6733, with blanks for dates and place (Annex "A").
- The annex requires verification by the Head of Office / Immediate Supervisor (Annex "A").