Speedy Disposition of Administrative Cases

The Executive Order is anchored on the Constitution’s guarantee of speedy disposition of cases, including administrative and quasi-judicial proceedings.
It specifically ties the rule of decision-making within a fixed period to Book VII of the Administrative Code of 1987 (Executive Order No. 292).
It relies on Section 14, Chapter 3, Book VII of the Administrative Code of 1987, which requires government agencies to decide each case within thirty (30) days following submission for resolution.
It further references the administrative procedure provisions on administrative adjudication found in Book VII (including provisions on amicable settlement and affidavits).
It adopts its own implementing regulations to fully carry out Book VII’s speedy disposition mandate.

The Executive Order is issued to ensure speedy and inexpensive disposition of administrative and quasi-judicial cases.
It requires government adjudicators to adhere to fixed decision periods for cases and incidents.
It promotes streamlined adjudication by directing agencies to adopt rules on affidavits, preferred depositions, and avoidance of dilatory tactics.
It strengthens accountability through a monthly sworn statement of disposition and salary withholding for noncompliance.

The Executive Order applies to government agencies, including departments, bureaus, boards, offices, commissions, authorities, and officers of the National Government authorized by law or executive order to adjudicate cases.
It applies unless otherwise provided by special laws.
It applies in accordance with Section 2, Chapter 1, Book VII of the Administrative Code of 1987.
It does not cover Congress.
It does not cover the Judiciary.
It does not cover the Constitutional Commissions.
It does not cover military establishments in matters relating exclusively to Armed Forces personnel.
It does not cover the Board of Pardons and Parole.
It does not cover state universities and colleges.

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.
If the officer’s action is only recommendatory to the immediate superior or head of office, the recommending officer must submit the recommendation within twenty (20) days from the date of submission for resolution.
The approving officer must decide within ten (10) days from submission of the recommendation.
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.
Cases and incidents pending resolution upon the Executive Order’s effectivity must be decided within thirty (30) days from effectivity of the Executive Order.

Every officer charged with resolving cases or incidents must submit a sworn Statement of Disposition of Cases (Annex “A”) to the immediate superior, head of office, or officer exercising administrative supervision.
The sworn statement must be submitted within ten (10) days following the end of every month.
The statement must declare that all cases or incidents submitted for resolution have been decided within the prescribed period.

If an officer fails to submit the Statement of Disposition of Cases within the prescribed period, the officer’s salary shall be, or cause to be, withheld by the head of office or immediate supervisor until compliance.
Salary withholding is done without prejudice to the imposition of other appropriate penalties that may be provided by law, rules, and regulations.

Only one (1) motion for reconsideration is allowed.
A motion for reconsideration must be decided within fifteen (15) days from date of submission for resolution.
No other pleading is allowed other than the motion for reconsideration and the opposition thereto.

Agencies must adopt rules encouraging amicable settlement, compromise, and arbitration in accordance with Section 10, Chapter 3, Book VII of the Administrative Code of 1987.
Agencies must adopt, unless otherwise provided by special laws, the mandatory use of affidavits in lieu of direct testimonies.
Agencies must adopt, unless otherwise provided by special laws, the preferred use of depositions whenever practicable and convenient.
Agencies must require parties, unless otherwise provided by special laws, to submit in addition to the required memorandum, position paper, or last pleading:
- a draft of the decision sought, stating clearly and distinctly the facts and the law upon which it is based.
After termination of the hearing or trial, the officer, board, or commission may:
- adopt, in whole or in part, either party’s draft decision after considering and appreciating applicable law, rules, and regulations, and the evidence; or
- reject both draft decisions.
The draft-decision requirement must likewise be applied to motions or applications for orders other than the final judgment.
Agencies must adopt rules that avoid postponements of hearings or trials and other dilatory tactics employed by parties or their counsels.

Administrative agencies must adopt the required procedural rules not later than forty-five (45) days from the Executive Order’s effectivity.
The Executive Order’s effectivity occurs twenty (20) days after completion of publication in at least two (2) newspapers of general circulation.