Form and Content Requirements of the Memorandum on Appeal
- Must identify the parties involved in the appeal.
- Must cite the specific decision being appealed.
- Include material dates that prove the timeliness of the appeal.
- Provide a concise statement of facts and the issues involved.
- Include the errors assigned and grounds relied upon for the appeal.
- Arguments supporting the appeal should be clearly stated.
Filing and Service of the Reply Memorandum
- The appellee SRO must provide the appellant with a copy.
- Two copies must be filed with the Commission En Banc.
- The reply memorandum must be filed within 10 calendar days from receipt of the order to file a reply.
Submission of Appeal for Decision
- The appeal is deemed submitted upon filing of the reply memorandum.
- If no reply is filed within the prescribed period, the appeal is deemed submitted by default.
- The Commission En Banc may set the case for oral arguments on its own motion or upon request for special reasons.
Transitory Provisions for Pending Appeals
- Appeals pending before the Commission prior to the effectivity of the rules will be treated as appeals filed under the new rules.
- Appropriate docket fees must be assessed for these pending cases.
Suppletory Application of the 2006 Rules of Procedure of SEC
- Rule XI of the 2006 SEC Rules of Procedure applies supplementarily to these rules.
Effectivity of the Rules
- The rules take effect 15 days after publication in two national newspapers of general circulation.