Tuesday, May 26, 2009

APPEAL IN ADMINISTRATIVE CASES


A Compilation of CS Law & Rules

Notes and Jurisprudence on Appeal

by: Roy R. Luga


APPEAL


Section 43 Rule III (Remedies) of the Uniform Rules on Administrative Cases in the Civil Service (CSC Resolution No. 99-1936 dated May 5, 2003), provides:


“Section 43. Filing of Appeals. – Decisions of heads of departments, agencies, provinces, cities, municipalities and other instrumentalities imposing a penalty exceeding thirty (30) days suspension or fine in an amount exceeding thirty (30) days suspension or fine exceeding thirty (30) days salary, maybe appealed to the Commission Proper within a period of fifteen (15) days from receipt thereof.


“In case the decision rendered by a bureau or office head is appealable to the Commission, the same maybe initially appealed to the department head and finally to the Commission Proper. Pending appeal, the same shall be executory only after confirmation by the Secretary concerned.


“A Notice of appeal including the appeal memorandum shall be filed with the appellate authority, copy furnished the disciplining office. The latter shall submit the records of the case, which shall be systematically and chronologically arranged, paged and securely bound to prevent loss, with its comment, within fifteen (15) days, to the appellate authority.


“Section 43.A. Filing of Supplemental Pleadings. All Pleadings filed by the parties with the Commission, shall be copy furnished the other party with proof of service filed with the Commission.


“Any supplemental pleading to supply deficiencies in aid of an original pleading but which should not be entirely substitute the latter can be filed only upon favourable action by the Commission on the motion of a party to the case. The said motion should be submitted within five (5) days from receipt of a copy of the original pleading and it is discretionary upon the Commission to allow the same or not or even to consider the averments therein.


“Section 44. When deemed filed. - An appeal sent by mail shall be deemed filed on the date shown by the postmark on the envelope which shall be attached to the records of the case and in case of personal delivery, the date stamped thereon by the proper office.


“Section 45. Appeal Fee. - The appellant shall pay an appeal fee of Three Hundred Pesos (P 300.00) and a copy of the receipt thereof shall be attached to the appeal.


“Section 46. Perfection of an Appeal. - To perfect an appeal, the appellant shall submit the following:


‘a. Notice of Appeal which shall specifically state the date of the decision appealed from and the date of receipt thereof;


‘b. Three (3) copies of appeal memorandum containing the grounds relied upon for the appeal, together with the certified true copy of the decision, resolution or order appealed from, and a certified copies of the documents or evidence;

‘c. Proof of service of a copy of the appeal memorandum to the disciplining office;



‘d. Proof of payment of the appeal fee; and


‘e. A statement or certificate of non-forum shopping.


“When an appellant fails to comply with any of the above requirements, within the reglementary period, the Commission shall direct compliance therewith within the period of ten (10) days from receipt of said directive, with a warning that failure to comply within the said period of ten (10) days shall be construed as a deliberate intent to delay and thus considered as failure to perfect an appeal and shall cause the dismissal of the appeal with prejudice to its refilling.”


“Section 47. Effect of Filing. An appeal shall not stop the decision from being executory, and in case the penalty is suspension or removal, the respondent shall be considered under preventive suspension during the pendency of the appeal. [underscoring supplied]


NOTES


Section 47 of the aforementioned rule should be read together with Section 6, (Jurisdiction of the Civil Service Regional Office) Rule I of the URACCS. While the Commission’s Regional Office has delegated jurisdiction to try and hear administrative cases, it should be noted, however, that its decision cannot be considered final and executory without the concurrence of the Commission Proper.


“While the Commission’s Regional Offices may enforce Civil Service law and rules, policies, standards on personnel management within their respective jurisdiction, it does not, however, construed to mean that its decision immediately becomes final and executory pending appeal with the Commission. It must be underscored that the Commission’s power to decide with finality cases brought before it is exclusively lodged by E.O. 292 (The Administrative Code of 1987) only to the Collegial Commission. Paragraph 11, Section 12 of the aforequoted law clearly provides that it is only the Collegial Commission’s decisions, orders or rulings which are considered by law as final and executory and not that of the offices under it. Without the Collegial Commission’s concurrence, it can not be said that the decisions of the CSCRO’s pending appeal with the Collegial Commission, maybe considered final and executory. The law has exclusively delegated only to the Collegial Commission’s wisdom and discretion the power to decide with finality case brought before it. Hence, under the principle of non-delegation of powers, ‘potestas delegate non delegari potes’ (what has been delegated can not be delegated), the Collegial Commission’s mandate constitute not only a right but a duty to be performed through the instrumentatily of its own judgment and not through the intervening mind of another.” [ENANO, Marilou et. al., CSC Resolution No. 00-1240 dated May 24, 2000]


“An appeal is an essential part of our judicial system. We have advised the court to proceed with caution so as not to deprive a part of the right to appeal and instructed that every party-litigant should be afforded the amplest opportunity for the proper and just disposition of his cause, freed from the constraints of technicalities.” [National Water Works and Sewerage Authority vs. Municipality of Libmanan, 97 SCRA 138; A. One Feeds, Inc. vs. Court of Appeals, 100 SCRA 590]


“The right to appeal should not be lightly disregarded by a stringent application of the rules of procedure especially where the appeal is on its face meritorious and the interests of substantial justice would be served by permitting the appeal [Pacific Overseas Corporation vs. NLRC, 161 SCRA 122 citing SIguenza vs. C.A.]. The rules of procedure should not be applied in a very rigid technical sense. The rules of procedure is used only to help secure and not override substantial justice [Gregorio vs. Courtof Appeals 72 SCRA 1201]. Delay of four (4) days in the filing of a notice of appeal and a motion for extension of time to file record on appeal can be excused on the basis of equity” [Ramos vs. Bagasao, 96 SCRA 396].


“However, it should be underscored that, “perfection of an appeal in the manner and within the period laid down by law is not only mandatory but jurisdictional and failure to perfect an appeal as legally required has the effect of rendering final and executory judgment of the court below and deprives the appellate jurisdiction to entertain the appeal [Ceniza vs. C.A., 218 SCRA 390]. Once final, the decision cannot be altered or modified even by the court which rendered the same [Mendiola vs CSC 221 SCRA 295] thereby constituting a bar to any relitigation of the same issues in any proceeding under the principle of res adjudicata [Rosete vs. Court of Appeals 264 SCRA 174]. This doctrine of finality of judgment is grounded on fundamental consideration of public policy and sound practice that at a risk of occasional error, the judgment of the courts must become final at some definite time fixed by law” [GO, Ernesto, CSC Resolution No. 03-0844 dated August 6, 2003].

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