Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No. _ 8012

Introduced by Representatives Edcel C. Lagman, Ron P. Salo, Doy C.
Leachon, Mark O. Go, Jose Christopher Y. Belmonte, Mark Aeron H.
Sambar

EXPLANATORY NOTE

Salutary is the rule that a judgment or decision in an administrative case is
only enforceable once the same has become final and executory when no motion for
reconsideration or appeal is interposed or a seasonable appeal is lost.

This salutary rule is violated by extant rules of procedure which provide that
pending a motion for reconsideration or appeal, the challenged 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 nee


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 an order of the Office of
the Ombudsman to remove, suspend, demote, fine, or censure shall be
@ 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 executory.”
(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.

pe]
rp


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.

Expeditious passage of this bill is earnestly urged.

77-4 ie Al

RO bho

MARK O. GO

phan

RK AERON H. SAMBAR JOSE CHRISTOPHER Y. BELMONTE


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bil Nb 80.2

Introduced by Representatives Edcel C. Lagman, Ron P. Salo, Doy C.
Leachon, Mark O. Go, Jose Christopher Y. Belmonte, Mark Aeron H.
Sambar

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. Dec/aration of Policy. It is the consistent policy of the State that an
order, judgment or decision of a court, 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 court, quasi-judicial tribunal, agency or official.

SEC. 3. Repealing Clause. 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 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.