Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

House Bill No. 1478

Introduced by Representative Edcel C. Lagman

EXPLANATORY NOTE

Salutary is the rule that a jucomer or decision in an administrative case

motion for reconsideration or appeal is interposed or a seasonable appeal is
lost.

This cardinal rule is violated by extant rules of procedure which provide
that pending a motion for reconsideration or appeai, the chalienged order or
decision is executory and must be executed.

Among others, the following procedural rules are inconsistent with the
above-mentioned salutary rule:

(a) | Section 7 of Rule III of the Rules of Procedure of the Office of the
Ombudsman under Administrative Order No. 07 dated 10 April 1990, as
amended, which provides in full:

“Section 7. Finality and execution of decision.- Where the
respondent is absolved of the charge, and in case of conviction
where the penalty imposed is public censure or reprimand,
suspension of not more than one month, or a fine equivalent to
one| month salary, the decision shall be final, executory and
unappealable. In all other cases, the decision may be appealed to
the Court of Appeals on a verified petition for review under the
requirements and conditions set forth in Rule 43 of the Rules of
Court, within fifteen (15) days from receipt of the written Notice
of the Decision or Order denying the Motion for Reconsideration.

“An appeal shall not stop the decision from being
executory. In case the penalty is suspension or removal
and the respondent wins such appeal, he shall be
considered as having been under preventive suspension
and shall be paid the salary and such other emoluments
that he did not receive by reason of the suspension or
removal.

“A decision of the Office of the Ombudsman in
administrative cases shall be executed as a matter of
course. The Office of the Ombudsman shall ensure that the
decision shall be strictly enforced and properly implemented. The
refusal or failure by any officer without just cause to comply with

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an order of the Office of the Ombudsman to remove, suspend,
demote, fine, or censure shall be a ground for disciplinary action
against said officer.” (Emphasis supplied).

(b) | Section 65 of Rule 12 of the Revised Rules on Administrative Cases
in the Civil Service dated November 8, 2011, which provides:

“Section 65. Effect of Filing. - Except for cases requiring
confirmation of the Department Secretary concerned and cases
decided by the CSCROs (Civil Service Commission Regional
Offices), an appeal shall not stop the decision from being
Serres (Emphasis supplied).

Once the interposition of a motion for reconsideration or appeal is
institutionalized and recognized, the same forms an integral component of
procedural due process. This right will be rendered nugatory if the challenged
order or decision is deemed executory pending the resolution of a motion for
reconsideration or final adjudication of the appeal.

Why should the controverted order or decision be executory and
executed (like suspension or dismissal from public service) when the crux of
the motion for reconsideration or appeal is precisely the invalidity of the
challenged suspension or dismissal. This errantly places the cart before the
horse.

Due process includes the opportunity to be heard not only in the first
instance but also on motion for reconsideration or appeal. This opportunity to
be heard is virtually negated by the execution of the challenged order or
decision pending a motion for reconsideration or appeal.

It is cruel and derogatory of due process for one to be suspended or
dismissed even as he still fights for his due survival in public service by
pursuing a seasonable motion for reconsideration or appeal.

It is of no adequate relief that if the movant or appellant prevails, he is
granted his back salaries covering the period of his suspension or dismissal
during the pendency of his motion for reconsideration or appeal.

Public office is not measured by pesos and cents. Compensation is not
the end-all and be-all of a public office. More than the emoluments and
monetary benefits, it is the opportunity to serve and render public service
which constitute the principal purpose and guidepost of a public office.

These purpose and guidepost of a public office assume ascendancy with
respect to an elective public office where the incumbent has been mandated
by the electorate to serve and his election is a covenant with the people to
render public service, unless meanwhile he is deprived of his office by final
judgment, not by a mere appealable judgment.

The) purpose of this bill is to unequivocally provide that a seasonable
motion for reconsideration, appeal or petition for review shall stay the
execution) of the challenged order or decision until the rendition of a final
judgment affirming the said controverted order or decision.


Consequently, Section 7 of Rule III of the Rules of Procedure of the
Office of the Ombudsman, Section 65 of Rule 12 of the Revised Rules on
Administrative Cases in the Civil Service and similar rules, issuances and
statutes are hereby modified or abrogated in so far as they provide that a
challenged order of decision is executory pending a motion for reconsideration
or appeal.

An identical bill, HB No. 8870, entitled “An Act Providing for a Stay in
the Execution of a Decision, Order or Resolution of an Administrative Agency
or Quasi-Judicial Tribunal Upon Seasonable Filing of a Motion for
Reconsideration, Appeal or Petition for Review”, was principally authored by
this Representation together with no less than 152 Members of the 17%
Congress.| It was passed on third and final reading on 04 February 2019.
Consequently, pursuant to the pertinent Rule, this measure is entitied to
speedy consideration by the proper Committee.

Verily, expeditious passage of this bill is earnestly urged.

a

EDCEL C. LAGMAN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS.
First Regular Session

House Bill No. 1478

Introduced by Representative Edcel C. Lagman

AN ACT
PROVIDING THAT THE SEASONABLE FILING OF A MOTION FOR
RECONSIDERATION AND/OR APPEAL SHALL STAY THE EXECUTION
OF THE CHALLENGED ORDER OF DECISION

|
Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:

SEC. 1. Declaration of Policy. It is the salutary policy of the State that
an order, judgment or decision of a quasi-judicial tribunal, agency or official
in an administrative case becomes enforceable only after it is rendered final
and executory by operation of law

SEC. 2. Stay of Order of Decision. The seasonable filing of a motion for
reconsideration and/or appeal stays the execution of the challenged order or
decision of a quasi-judicial tribunal, agency or administrative official.

SEC. 3. Repealing Ciause. Section 7 of Rule III of the Rules of Procedure
of the Office of the Ombudsman under Administrative Order No. 07 dated 10
April 1990, as amended; Section 65 of Rule 12 of the Revised Rules on
Administrative Cases in the Civil Service dated November 8, 2011; and all
other similar rules, issuances and statutes on administrative cases
inconsistent with this Act are hereby set aside, abrogated, repealed, modified
or amended accordingly.

SEC. 4. Effectivity. This Act shall become effective immediately upon its
approval.

Approved.