MALACAÑANG PALACE

MANILA

BY THE PRESIDENT OF THE PHILIPPINES

ADMINISTRATIVE ORDER NO. 22

PRESCRIBING RULES AND REGULATIONS GOVERNING APPEALS TO

THE OFFICE OF THE PRESIDENT OF THE PHILIPPINES

WHEREAS, Administrative Order (AO) No. 18 (s. 1987) was promulgated to govern
appeals to the Office of the President;

WHEREAS, in view of the lapse of time and experience gained from the past, some of
the provisions of AO No. 18, as amended, need revision to address issues that have
arisen and to update the rules to meet the requirements of existing policies and laws,
without, however, diminishing 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, BENIGNO S. AQUINO III, 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. Period to appeal. Unless otherwise provided by special law, an appeal to

the Office of the President shall be taken within fifteen (15) days from notice of the
aggrieved party of the decision/resolution/order appealed from, or of the denial, in part
or in whole, of a motion for reconsideration duly filed in accordance with the
governing law of the department or agency concerned.

SECTION 2. Appeal, how taken. The appeal shall be taken by filing a Notice of Appeal
with the Office of the President, with proof of service of a copy thereof to the department
or agency concerned and the affected parties, and payment of the appeal fee.

SECTION 3. Appeal fee. The appellant shall pay to the Office of the President the appeal
fee of Php1,500.00 within the same period for filing a Notice of Appeal under Section 1
hereof. For appeals of deportation orders of the Bureau of Immigration, the appeal fee is
Php10,000.00. Pauper litigants, duly certified as such in accordance with the Rules of
Court, shall be exempted from the payment of appeal fee. Exemption from payment of
the lawful appeal fees may be granted by the Office of the President upon a verified
motion setting forth valid grounds therefor. If the motion is denied, the appellant shall pay
the appeal fee within fifteen (15) days from notice of the denial.

SECTION 4. Transmittal of record. Within ten (10) days from receipt of a copy of the
Notice of Appeal, the department or agency concerned shall transmit to the Office of the
President the complete records of the case with each page consecutively numbered and
initialled by the custodian of the records, together with a summary of proceedings thereon
from the filing of the complaint or petition before the office of origin up to transmittal to the
Office of the President in chronological order indicating the action taken, incidents
resolved, and listing of all pleadings, motions, manifestations, annexes, exhibits and other
papers or documents filed by the contending parties, the corresponding orders,
resolutions and decisions, as required in Memorandum Circular (MC)No. 123 (s. 1991).

SECTION 5. Perfection of appeal. The appeal shall be deemed perfected upon the filing
of the Notice of Appeal, payment of the appeal fee, and the filing of the appeal
memorandum.

SECTION 6. Period to file appeal memorandum. The appeal memorandum shall be

filed within thirty (30) days from the date the Notice of Appeal is filed, with proof of service
of a copy thereof to the department or agency concerned and the affected parties.

SECTION 7. Appeal memorandum. The appeal memorandum shall be filed in three (3)
copies and shall (a) contain the caption and docket number of the case as presented in
the office of origin and the addresses of the parties; (b) indicate the specific material dates
showing that it is filed within the period prescribed in Section 1 hereof; (c) contain a
concise statement of the facts and issues and the grounds relied upon for the appeal; and
(d) be accompanied by a clearly legible duplicate original or a certified true copy of the
decision/resolution/order being appealed.

SECTION 8. Non-compliance with requirements. The failure of the appellant to comply

with any of the requirements regarding the payment of the appeal fee, proof of service of
the appeal memorandum, and the contents of and the documents which should
accompany the appeal memorandum shall be sufficient ground for the dismissal of the
appeal.

SECTION 9. Stay of execution. The execution of the decision/resolution/order appealed

from is stayed upon the filing of the Notice of Appeal within the period prescribed herein,
provided that the stay of execution shall not apply (a) where provided by special law, and
(b) in decisions/resolutions/order of the Department of Interior and Local Government
pursuant to AO No. 23 (s. 1992), as amended. 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.

With respect to decisions/resolutions/orders of the Housing and Land Use Regulatory

Board, the appeal will stay the execution for a period cf sixty (60) days from the date of
the filing of a Notice of Appeal within the period set in Section 1, after which the
decision/resolution/order shall be executory unless otherwise ordered by the Office of the
President.
SECTION 10. Action on appeal. The Office of the President may require the appellee to
file a comment to the appeal memorandum within fifteen (15) days from notice, or dismiss
the appeal if the Office of the President finds that (a) it has no jurisdiction, (b) the appeal
is patently without merit, (c) the appeal is prosecuted manifestly for delay, or (d) the
questions raised in the appeal are too unsubstantial to require consideration.

SECTION 11. Comment. The comment shall (a) point out insufficiencies or inaccuracies
in appellant’s statement of facts and issues and (b) state the reasons why the appeal
should be denied or dismissed. A copy shall be served on the appellant and the
department or agency concerned, with proof of service submitted to the Office of the
President.

SECTION 12. Submission for resolution. The appeal shall be deemed submitted for
resolution upon receipt of the comment, unless the Office of the President directs
otherwise.

SECTION 13. Memorandum decision. In cases where the facts are in the main
accepted by both parties and easily determinable, and there are no doctrinal
complications involved that will require an extended discussion of the laws involved, the
decision on appealed cases may be in the form of a memorandum decision. The
memorandum decision shall adopt by reference the findings of fact and conclusions of
law contained in the decision/resolution/order appealed from, either by attaching the
same to the memorandum decision or by quoting the decision/resolution/order in the
memorandum decision,

SECTION 14. Finality of decision. 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 15. Executory nature of decision. Notwithstanding an appeal or petition for

review of the decision/resolution/order of the Office of the President to the Court of
Appeals or the Supreme Court, the decision/resolution/order of the Office of the President
is executory and the records will be remanded to the department or agency where the
case originated, unless the Court of Appeals or the Supreme Court issues an order
staying the execution of the decision/resolution/order.

SECTION 16. Withdrawal of appeal. An appeal may be allowed to be withdrawn at any

time prior to the promulgation of a 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 17. Delegation of authority. (1) Unless otherwise ordered in writing by the
President, the Executive Secretary is authorized to decide and sign
decisions/resolutions/orders in appealed cases. Where exigencies arise, the Executive
Secretary may in writing temporarily designate the Deputy Executive Secretary for Legal
Affairs or any Deputy Executive Secretary to decide and sign decisions/resolutions/orders
in appealed cases.

(2) Unless otherwise ordered in writing by the President or the Executive Secretary, the
Deputy Executive Secretary for Legal Affairs may sign resolutions and orders which: (a)
are interlocutory in nature; (b) dismiss appeals filed out of time or over which the Office
of the President has no jurisdiction; (c) dismiss appeals on mutual agreement of the
parties, or which have been withdrawn; and (d) declare a decision/resolution/order in an
appealed case as final and/or executory, and remanding the case to the relevant
department or agency.

SECTION 18. Limitation on appeals. Appeals from decisions/resolutions/orders of the

Department of Justice shall continue to be limited to those involving offenses punishable
by reclusion perpetua to death in accordance with MC No. 58 (s. 1993).

SECTION 19. Application of Rules of Court. The Rules of Court shall apply in a
suppletory character whenever practicable and convenient.

SECTION 20. Repealing clause. AO No. 18, as amended, is hereby repealed, and any
other executive order, rule or regulation or any part thereof inconsistent with this
Administrative Order is hereby modified and/or amended accordingly.

SECTION 21. Separability clause. If any provision or part of this Administrative Order is
held invalid or unconstitutional, the provisions not otherwise affected shall remain valid
and subsisting.

SECTION 22. Effectivity clause. This Administrative Order shall take effect fifteen (15)
days from publication in a newspaper of general circulation.

DONE, in the City of Manila, this 11th day of October, in the year of our Lord, Two
Thousand and Eleven.

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines

By the President:

(Sgd.) PAQUITO N. OCHOA, JR.

Executive Secretary
 SIDENT OF THE PHILIPPINES

ADMINISTRATIVE ORDER NO. 18

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.

SEC 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.

SEC 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.

SEC 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.

SEC 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.

SEC 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.

SEC 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.

SEC 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.

SEC 9. The Rules of Court shall apply in a suppletory character whenever practicable.

SEC 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.

SEC 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
 MALACAÑANG
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER NO. 19

PRESCRIBING RULES AND REGULATIONS FOR APPEALS TO THE OFFICE OF

THE PRESIDENT FOR FINALITY OF DECISIONS THEREOF

WHEREAS, it is the common practice of parties aggrieved by or dissatisfied with the

decisions the different departments of the Executive Branch of the Government to appeal
therefrom to the Office of the President and for this Office to entertain such appeals,
notwithstanding the considerable length of time that has elapsed from the date of receipt
of the disputed decisions;

WHEREAS, not infrequently this Office has received petitions for reconsideration of
decisions rendered by it long before, and because of the absence of specific rules or
regulations fixing the period of finality of said decisions and the period for filing requests
for reconsideration and limiting the number thereof, this Office is often left without
recourse but to entertain the petitions, thereby taking much of its time in the process which
otherwise could be devoted to more important and pressing matters;

WHEREAS, it has been observed that, with rare exceptions, these appeals and petitions
for reconsideration are without merit and have been filed obviously to delay as much as
possible the execution of the decisions of the different departments; and

WHEREAS, with a view to minimizing, if not totally eliminating, the consequent evils or
mischiefs arising from such practice which indeed is not conducive to smooth, speedy
and efficient public administration, it is considered necessary in the public interest to
adopt a definite, formal procedure to be observed in the taking of appeals and filing of
petitions for reconsideration, so that there will be stability and finality of administrative
decisions and frivolous appeals may be discouraged.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue

of the powers vested in me by law, do hereby promulgate the following rules and
regulations for the purpose:

1. Unless otherwise provided or governed by special laws or where time is clearly of the
essence, an appeal to the Office of the President, which is not a matter of right in the
absence of statutory provisions to that effect, shall be taken within thirty (30) days,
reckoned from receipt of the decisions or action appealed from.

2. Failure to appeal within the prescribed period shall render the decision of action subject
thereof final and executory.
3. The appeal should be filed directly with the Office of the President. It shall be in writing
and shall specifically set forth the particular action to which exception is taken, with the
reasons, authorities and precedents relied upon for the reversal of the disputed decision
or action, with notice thereof to the adverse party and the office which rendered the
decision involved.

4. Decisions of the Office of the President in the cases covered by this Order as
enumerated in Clause 8 hereof shall, unless otherwise expressly provided in the
decisions on special cases of an urgent nature, become final after the lapse of fifteen (15)
days from receipt of a copy thereof by the parties involved, unless a petition or request
for reconsideration is reasonably filed by the aggrieved party to stop the running of the
period, based on any of the following grounds: (a) the decision is not in conformity with
the applicable law or evidence presented; (b) newly discovered evidence which could not,
with reasonable diligence, have been discovered and be produced when the decisions
was still under advisement and which, if presented, would probably alter the result thereof;
or (c) fraud, accident, mistake or excusable negligence which ordinary prudence could
not have guarded against and by reason of which the aggrieved party has probably been
impaired in his rights.

5. Petitions for reconsideration filed after the aforesaid period shall not be entertained
unless the Office of the President, for exceptionally meritorious causes, decides to act
thereon, provided that only one petition for reconsideration by any party shall be allowed.

6. A fee of twenty pesos (P20.00) shall be charged for every appeal or petition for review
filed with this Office, the fees collected to accrue to and constitute a part of the general
fund of the National Government.

7. The Rules of Court shall apply in a supletory character whenever practicable and
convenient.

8. The foregoing rules shall apply to and be observed in appeals to this Office taken by
private parties adversely affected by decisions of the departments, offices and entities
specified below, as well as other appeals of similar nature not governed by special laws.

(1) Department of Agriculture and Natural Resources

(a) Public land applications

(b) Forestry concessions
(c) Fishpond applications
(d) Revocation of license of fishing boats

(2) Department of Finance:

(a) Anti-dumping cases

(b) Interpretation of expert permits
(c) Tax exemptions under the Tariff and Customs Code
(d) Smuggling cases

(3) Department of Public Works and Communications:

(a) Obstruction to navigation and communal fishing grounds

(b) Awards of contracts for public works

(4) Department of General Services:

(a) Sales and/or leases of residential, commercial and industrial government lots and
buildings
(b) Awards of contracts for materials, supplies, equipment, services, etc.

(5) Government-owned or controlled corporations:

(a) Awards of contracts

(6) Land Authority (formerly Land Tenure Administration)

(7) Games and Amusements Board:

(a) Decisions, orders or rulings of the Board affecting racing clubs, jai-alai corporation and
other persons or entities.

This order shall take effect fifteen (15) days after its publication in the Official Gazette.

Done in the City of Manila, this 2nd day of April, in the year of Our Lord, nineteen hundred
and sixty-six.

(Sgd.) FERDINAND E. MARCOS

President of the Philippines

By the President:

(Sgd.) RAFAEL M. SALAS

Executive Secretary