Administrative Order No. 18




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ ADMINISTRATIVE ORDER NO. 18, February 12, 1987 ] PRESCRIBING RULES AND REGULATIONS GOVERNING APPEALS TO THE OFFICE OF THE PRESIDENT OF THE PHILIPPINES. WHEREAS, Executive Order No. 19 was promulgated on April 2, 1966 to govern appeals to the Office of the President; WHEREAS, most of the provisions of Executive Order No. 19, as amended, have been rendered obsolete by policies adopted and laws enacted since its promulgation on April 2, 1966, and, therefore, needs revision to meet the requirements of such policies and laws, without, however, minimizing the right of the President to refuse to give due course to appeals or petitions for review in cases where there is no express provision of law recognizing the right of the parties to appeal to the Office of the President; NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by law, do hereby promulgate the following rules and regulations to govern appeals to or petitions for review filed with the Office of the President, as follows: Section 1. Unless otherwise governed by special laws, an appeal to the Office of the President shall be taken within thirty (30) days from receipt by the aggrieved party of the decision/resolution/order complained of or appealed from. Said appeal shall be filed with the Office of the President, or with the Ministry/agency concerned, with copies furnished to the affected parties and, if the appeal is filed with the Office of the President, to the Ministry/agency concerned. If the appeal is directly filed with the Ministry/agency concerned, such Ministry/agency shall, within five (5) days from receipt thereof, transmit the appeal to the Office of the President, together with the records of the case. The time during which a motion for reconsideration has been pending with the Ministry/agency concerned shall be deducted from the period for appeal. But where such a motion for reconsideration has been filed during office hours of the last day of the period herein provided, the appeal must be made within the day following receipt of the denial of said motion by the appealing party. Section 2. The appeal shall contain the caption and docket number of the case as presented in the office of origin and the addresses of the parties; shall indicate the specific material dates that it is filed within the period prescribed in SEC 1 hereof; and shall state the grounds relied upon for the appeal, the issues involved, and the reliefs sought. It shall be accompanied with a copy of the decision/resolution/order being appealed. Section 3. A fee of One Hundred Pesos (?100.00) shall be charged for every appeal to the Office of the President. Pauper litigants duly certified as such in accordance with the Rules of Court shall be exempted from the payment of appeal fee. Section 4. Extension of time for the payment of appeal fee and the filing of pleadings shall not be allowed, except for good and sufficient cause and only if the motion for extension is filed before the expiration of the time sought to be extended. Section 5. The appeal may be dismissed for failure to comply with the Orders of the Office of the President issued in connection with the appeal.ℒαwρhi৷ Section 6. Except as otherwise provided by special laws, the execution of the decision/resolution/order appealed from is stayed upon the filing of the appeal within the period prescribed herein. However, in all cases, at any time during the pendency of the appeal, the Office of the President may direct or stay the execution of the decision/resolution/order appealed from upon such terms and conditions as it may deem just and reasonable. Section 7. Decisions/resolutions/orders of the Office of the President shall, except as otherwise provided for by special laws, become final after the lapse of fifteen (15) days from receipt of a copy thereof by the parties, unless a motion for reconsideration thereof is filed within such period. Only one motion for reconsideration by any one party shall be allowed and entertained, save in exceptionally meritorious cases. Section 8. An appeal may be allowed to be withdrawn at any time prior to the promulgation of the decision/resolution/order of the Office of the President on the appeal except when public interest is prejudiced thereby. Upon the approval of the withdrawal of an appeal, the case shall stand as if no appeal had ever been taken. Section 9. The Rules of Court shall apply in a suppletory character whenever practicable. Section 10. Executive Order No. 19, series of 1966, as amended, is hereby repealed, and any other executive order, rule or regulation or any part thereof inconsistent with this Order is hereby modified and/or amended accordingly. Section 11. This Order shall take effect fifteen (15) days from publication in the Official Gazette. Done in the City of Manila, this 12th day of February, in the year of Our Lord, nineteen hundred and eighty-seven. (Sgd.) CORAZON C. AQUINO President of the Philippines By the President: (Sgd.) JOKER P. ARROYO Executive Secretary The Lawphil Project - Arellano Law Foundation