Title
Supreme Court
Admin Settlement of Gov't Disputes PD 242
Law
Presidential Decree No. 242
Decision Date
Jul 9, 1973
Presidential Decree No. 242 establishes a procedure for the administrative settlement or adjudication of disputes between government offices, aiming to reduce litigation in court and provide a conclusive resolution by the Secretary of Justice or other designated authorities.

Law Summary

Cases Involving Only Questions of Law

  • Such cases submitted to the Secretary of Justice, acting as Attorney General and ex officio legal adviser of government-owned or controlled corporations.
  • The Secretary of Justice’s ruling is conclusive and binding.
  • Anchored on Section 83 of the Revised Administrative Code.

Cases Involving Mixed Questions of Law and Fact or Only Factual Issues

  • Disputes among national government departments and agencies handled by the Solicitor General.
  • Disputes among government-owned or controlled corporations served by the Office of the Government Corporate Counsel handled by the Government Corporate Counsel.
  • Other disputes not falling under these categories handled by the Secretary of Justice.

Arbitration Panel Referral

  • Secretary of Justice, Solicitor General, or Government Corporate Counsel may refer factual issues to an arbitration panel at their discretion.
  • The designated representative of the referring officer shall serve as the Chairman of the arbitration panel.

Finality and Appeal of Decisions

  • Decisions by Secretary of Justice, Solicitor General, or Government Corporate Counsel (if approved by Secretary of Justice) are final and binding.
  • Appeals may be made only to the Office of the President for claims or property values exceeding P1 million.
  • Decisions by the Office of the President on appeal are final.

Legal Effect of Decisions

  • Final decisions under this administrative procedure have the same force and effect as final court decisions.

Rulemaking Authority

  • The Secretary of Justice is authorized to promulgate rules necessary to implement the decree.

Effectivity

  • The decree took effect immediately upon promulgation on July 9, 1973.

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