Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 101

Introduced by Representative Edcel C. Lagman

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 cardinal 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 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 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 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.

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 appealabie
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
entitled to speedy consideration by the proper Committee.

Verily, expeditious passage of this bill is earnestly urged.

DCEL C. LAGMAN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

101
House Bill No.

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 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
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.

ae.

Approved.