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BY THEPRESIDENT THE PHILIPPINES OF ADMINISTRATIVE ORDERNO. 22 PRESCRIBING RULES AND REGULATIONS GOVERNING APPEALS TO THE OFFICE THE PRESIDENT THEPHILIPPINES OF OF WHEREAS,Administrative (AO) No. 18 (s. 1987)was promulgated Order to govern appeals the Officeof the president; to WHEREAS, view of the lapseof time and experience in gainedfrom the past, someof theprovisions AO No. 18,as amended, of needrevision address fo issues that havearisen and to updatethe rulesto meetthe requirements existingpolicies of and laws,without, however,diminishing right of the President refuseto give due the to course appeals petitions review caseswherethereis no expressprovision to or for in of lawrecognizing rightof the parties appeal the Office the President; the to to of NOW,THEREFORE, BENIGNO AQUINOlll, President the Philippines, l, S. of by virtueof the powersvestedin me by law,do herebypromulgate following the rules and regulations governappeals or petitions review to to for filedwith the Officeof the President, follows: as SECTION Period to appeal.Unlessothenruise f. provided speciallaw,an by appeal the Officeof the President to shallbe taken within (15)days from notice fifteen paftyof the decision/resolution/order of the aggrieved appealed from,or oi the denial, in part or in whole,of a motionfor reconsideration filed in accordance duly with the governing of the department agency law or concerned. SECTION Appeal,how taken. 2. The appealshallbe takenby filinga Notice of Appealwiththe Officeof the President, proof of service a copy thereofto the with of department agencyconcerned the affectedparties, or and and payment the appeal of fee. SECTION Appeal fee. The appellant 3. shall payto the Officeof the President the appeal of Php1,500.00 fee within sameperiod filing Notice Appealunder the for a of Section hereof. For appealsof deportation t ordersof the Bureau lmmigration, of the appeal is Php10,000.00. fee Pauper litigants, certified suchin accordance duly as with the Rules Court,shall be exempted of fromthe payment appeal of fee.Exemption from payment the laMul appealfeesmaybe grantedby the Office the President of of upona verified motion setting forth validgrounds therefor. the motion denied, appellant lf is the shallpaytheappeal withinfifteen fee (15)daysfrom notice thedenial. of SECTION Transmittalof record.Withinten (10)daysfrom receiptof a copy 4. of the Notice Appeal,the department agency of or concerned shalltransmit the Office to of the President the completerecordsof the case with each page consecutively

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numbered initialled the custodian the records, and by of together with a summary of proceedings thereon from the filingof the complaint petition or before officeof oiigin the up to transmittal the Officeof the President chronological to in order indicating the action taken,incidents resolved, and listing all pleadings, of motions, manifestaiions, annexes, exhibits and otherpapers documents or filed by the contending parties, the corresponding orders, resolutions decisions, required Memorandum and as in Circular ( M c )N o .1 2 3( s 1 e e 1 ) . SECTION Perfection appeal. 5. of The appeal shallbe deemed perfected upon thefiling the Notice Appeal, of of payment the appeal of fee,andthe filingof the appeal memorandum. SECTION Period to file appealmemorandum. 6. The appealmemorandum shallbe filedwithinthirty(30)daysfromthe datethe Notice Appeal filed,with proof of is of service a copythereofto the department agencyconcerned the affected of or and parties. SECTION Appeal memorandum. appealmemorandum be filedin 7. The shall three(3) copies and shall (a) contain caption the and docket number the caseas of presented the office of originand the addresses the parties;(b) indicatethe in of specific material datesshowing that it is filedwithinthe periodprescribed Section in 1 (c) hereof; contain concisestatement the facts and issues a of and the groundsrelied uponforthe appeal; and (d) be accompanied a clearly by legible duplicate original a or certified copyof the decision/resolution/order appeited. true being SECTION Non-compliance 8. with requirements. failure the appellant The of to comply with any of the requirements regarding payment the appealfee, proof the of of service the appealmemorandum, the contentsof andthe documents of and which should accompany appeal the memorandum be sufficient shall ground the dismissal for of theappeal. SECTION Stay of execution.The execution the decision/resolution/order 9. of appealed from is stayed upon the filing of the Notice of Appealwithin the period prescribed provided herein, thatthe stayof execution shallnotapply(a) whereprovided by special law,and (b) in decisions/resolutions/order Department Interior of the of and Local pursuant AO No.23 (s. 1992), amended. Government to as However, all cases, in at anytimeduring pendency the appeal, Officeof the President th_e of the may director staythe execution the decision/resolution/order of appealed fromuponsuchiermsand conditions it maydeemjustandreasonable. as With respectto decisionsiresolutionsiorders of the Housingand Land Use Regulatory Board, appealwill staythe execution a period siity (60)daysfrom the for cf the dateof the filingof a Noticeof Appeal withinthe periodset in Section1, afterwhich the decision/resolution/order be executory shall unlessothenrvise orderedby the Office of the President.

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SECTION Action on appeal,The Officeof the President 10. may require the appellee file a comment the appealmemorandum to to withinfifteen(15)daysfrom notice, dismiss or the appealif the Officeof the President findsthai (a) it has no jurisdiction, the appealis patentlywithoutmerit, (c) the appeal is 'prosecuted (b) manifestly delay, (d) the questions for or raised the appealare'ioounsubstantial in to require consideration. SECTION11. Comment.The comment shall (a) point out insufficiencies or inaccuracies appellant's in statement factsand issuesand (b) statethe reasons of why the appeal should denied dismissed. copyshallbe served the appellant be or A on and thedepartment agency or concerned, proofof service with submitted the Office the to of President. SECTION 12. Submission for resotution.The appeal shall be deemed submitted resolution for uponreceipt the comment, of unless Office the President the of directs otherwise SECTION Memorandum 13. decision.ln caseswherethe factsare in the main acceptedby both parties and easily determinable, and there are no doctrinal complications involved will require extended that an discussion the lawsinvolved, of the decision appealed on casesmay be in the form of a memorandum decision.The memorandum decision shalladoptby reference findings fact and conclusions the of of law contained the decision/resolution/order in appealed fiom, eitherby attaching the sameto the rnemorandum decisionor by quoting the decision/resolution/order in ttre memorandum decision. SECTION Finatityof decision.Decisions/resolutions/orders Officeof 14. of the the President shall,except otherwise as provided by speciallaws,become for finalafter the lapseof fifteen(15)days from receiptof a copy thereofby the parties, unlessa motionfor reconsideration thereof is filed within such perioO.Onty one motionfor reconsideration anyonepartyshallbe allowed entertained, by and savein exceptionally meritorious cases. SECTION15. Executorynature of decision.Notwithstanding appealor an petition reviewof the decision/resolution/order Officeof the Presideni the for of the to Courtof Appeals the Supreme or Court,the decision/resolution/order Office the of the of President executory the records be remanded the department agency is and will to or wherethe caseoriginated, unless Courtof Appeals the Supreme the or Courtissues an orderstaying execution the decision/resolutioniorder. the of SECTION Withdrawal appeal. appeal 16. of An maybe allowed be withdrawn to any time priorto the promulgation a decision/resolution/order Officeof the of of the 3t President the appeal, on exceptwhen publicinterest prejudiced is thereby. Uponthe approval the withdrawal an appeal, caseshallsiandas if no appeal of of the had ever been taken.

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SECTION Delegation authority. Unless 17. of (1) othenvise ordered writing in by the President,the ExecutiveSecretaryis authorizedto decide and sigi decisions/resolutions/orders in appealed cases. Whereexigencies arise,the Executiie Secretary in writing may temporarily designate Deputy the Executive Secretary Legal for Affairs or any Deputy Executive secretary to decide aho sign ns/resol decisio utions/orde in appealed rs cases. (2) Unless otherwise orderedin writing the President the Executive by or Secretary, the Deputy Executive Secretary LegalAffairs for may sign resolutions orderswhich:(a) and are interlocutory nature;(b) dismiss in appeals filed out of timeor overwhichthe Office of the President no jurisdiction; dismiss has (c) appeals mutual on agreement the of parties, whichhavebeenwithdrawn; (d) declarea decisioniresolution/order or and in an appealedcase as final and/or executory, and remanding case to the relevant the department agency. or SECTION Limitationon appeals. 18. Appeals fromdecisions/resolutions/orders of the Department Justiceshallcontinue be limitedto thoseinvolving of to offenses punishable reclusion by perpetua deathin accordance MCNo.58 (s. tbg3). to with SECTION Applicationof Rulesof Court. The Rules Courtshallapplyin 19. of a suppletory character practicable convenient. whenever and SECTION Repealing 20. clause. AO No. 18, as amended, herebyrepealed, is and any otherexecutive order,ruleor regulation any parl thereof or inconiistent with thisAdministrative Orderis hereby modified and/oramended accordingly. SECTION Separabitity 21. clause.lf any provision partof thisAdministrative or Order is held invalidor unconstitutional, provisions otherwise the not affectedshall remain valid andsubsisting. SECTION 22. Effectivity ctause.This Adminisirative Ordershall take effect (15)daysfrompublication a newspaper general fifteen in of circulation.
DONE,in the City of Manila, this 1l ttr our Lord,Two Thousand and Eleven. day of Lctober

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