SPOT REPORT NO.

02-22

COMMITTEE ON BLUE RIBBON, GOOD GOVERNMENT AND INVESTIGATION

April 20, 2022
10:30 AM

Subject Matter:

FURNISHED TO THIS OFFICE IS AN APPEAL OF THE RESPONDENTS FROM THE

DECISION OF THE SANGGUNIANG PANLUNGSOD CASE NO. _____ ENTITLED
_______________________________- FOR CONDUCT UNBECOMING OF A PUBLIC
OFFICIAL, VIOLATION OF OATH OF OFFICE, AND GRAVE MISCONDUCT.

Findings:

The Committee discussed the letter of the Sangguniang Panlungsod of ________ in response to the
query of this Committee concerning the timeliness of the appeal and regularity of the procedure
undertaken by the appellant. In his part, Hon. ____________ observed, in reference to the letter, that
the appeal was filed beyond the reglementary period, hence, the same must be denied, with a
declaration that no further pleadings should be entertained by the Committee. On the other hand, Hon.
___________________ manifested that, even if the said appeal was filed on time, it still will not be
given due course, since it was improperly filed. Hon.______ explained that the appeal should have
been filed to the Sanggunian who rendered the decision and thereafter the former would then forward
the records of the case to this Sangguniang Panlalawigan. What happened was that the appellant filed
instead their appeal to this Sanggunian which the latter could not appropriately act sans the records of
the case.

The Chair manifested his concurrence on the observations of Hon. ______in denying the appeal, but
disagreed on the prohibition of filing of further pleadings since it is the right of the party to look for
available legal remedies of their case.

He added that the issue is not the timeliness, but on the propriety of the appeal. The Chair recalled that
since the Sanggunian have no Internal Rules on Administrative Case of its own, the Rules of Court is
then suppletory in its appeal proceedings. Thus, Section 3 Rule 40 of the Rules of Court provides,
How to appeal. — The appeal is taken by filing a notice of appeal with the court that rendered the
judgment or final order appealed from. xxx…… further, Section 5 of the same Rule provides,
Appellate court docket and other lawful fees. — Within the period for taking an appeal, the appellant
shall pay to the clerk of the court which rendered the judgment or final order appealed from the full
amount of the appellate court docket and other lawful fees. Proof of payment thereof shall be
transmitted to the appellate court together with the original record or the record on appeal, as the
case may be. Upon examination of the documents submitted to this Committee and after requiring the
Sangguniang Panlungsod of ________ to comment, it was found that the appellant did not file an
appeal to the Sangguniang Panglungsod of_______ which should be the proper procedure as the
Rules of Court dictates. Consequently, the appellant has no proof of payment of docket and other
necessary legal fees. Thus, on motion of Hon. ____________on joint sponsorship, the Committee
recommended to DENY the appeal of ________________ for lack of jurisdiction.

Recommendation:

The Committee recommended for the DENIAL of the appeal of _________________________- for
lack of jurisdiction as the appellant