COA modifies rules on decisions, motions

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COA Resolution NO. 2011-006: COA modifies rules on decisions, motions

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Title Source: Supreme Court: COA modifies rules on decisions, motions

Law: Coa No. 2011-006

Decision Date: Aug 17, 2011

The Commission on Audit modifies the 2009 Revised Rules of Procedure to clarify that decisions become final after 30 days unless a motion for reconsideration is filed, and only one such motion is permitted, aligning with the Rules of Court.

Promulgation and Effectivity of the 2009 Revised Rules of Procedure of the COA (RRPC)

The COA issued the 2009 Revised Rules of Procedure, which took effect on October 28, 2009.
The rules were duly published in newspapers of general circulation as required.

Original Provisions of Section 9, Rule X (Finality of Decisions or Resolutions)

A COA decision or resolution becomes final and executory 30 days after notice is given.
This finality is unless a motion for reconsideration is timely filed or an appeal to the Supreme Court is undertaken.

Reference to Section 8, Rule 64 of the 1997 Revised Rules of Court (Petition for Certiorari and Effect on Execution)

Filing a petition for certiorari does not stay execution of the judgment or order unless the Supreme Court issues a stay.
The Supreme Court can impose terms it considers just when granting such a stay.

Original Provisions of Section 10, Rule X (Motion for Reconsideration)

A motion for reconsideration must be filed within the remaining period to appeal.
Grounds include insufficiency of evidence or the decision being contrary to law.
Only one motion for reconsideration per decision will be entertained.

Need for Consistency with the Rules of Court

The 2009 RRPC provisions required modification to align with the Rules of Court.

Modifications to Section 9, Rule X (Finality of Decisions or Resolutions)

The decision or resolution becomes final and executory after thirty (30) days from notice.
The filing of a petition for certiorari does not stay execution unless the Supreme Court directs otherwise with just terms.

Modifications to Section 10, Rule X (Motion for Reconsideration)

A motion for reconsideration may be filed within thirty (30) days from notice.
Grounds for such motion include insufficient evidence or unlawfulness of the decision.
Only one motion for reconsideration will be entertained for any decision.

Effectivity and Adoption of the Resolution

The modified rules take effect fifteen (15) days after publication in two newspapers of general circulation.
The resolution was adopted on August 17, 2011.
Signing commissioners include the Chairperson and two commissioners of the COA.

END