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Administrative Order No. 22, s. 2011

Signed on October 11, 2011 (https://www.o cialgazette.gov.ph/2011/10/11/administrative-order-no-22-s-2011/)

MALACAÑAN 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 O ce 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 O ce 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 led with the O ce of the President, as follows:

SECTION 1. Period to appeal. Unless otherwise provided by special law, an appeal to the O ce of the
President shall be taken within fteen (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 led in accordance with the governing law of the department or agency concerned.

SECTION 2. Appeal, how taken. The appeal shall be taken by ling a Notice of Appeal with the O ce 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 O ce of the President the appeal fee of Php1,500.00
within the same period for ling 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 certi ed as such
in accordance with the Rules of Court, shall be exempted from the payment of appeal fee. Exemption from

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payment of the lawful appeal fees may be granted by the O ce of the President upon a veri ed motion
setting forth valid grounds therefor. If the motion is denied, the appellant shall pay the appeal fee within
fteen (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 O ce 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 ling of the complaint or petition before the o ce of origin up to
transmittal to the O ce 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 led 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 ling of the Notice of
Appeal, payment of the appeal fee, and the ling of the appeal memorandum.

SECTION 6. Period to le appeal memorandum. The appeal memorandum shall be led within thirty (30)
days from the date the Notice of Appeal is led, 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 led in three (3) copies and shall (a)
contain the caption and docket number of the case as presented in the o ce of origin and the addresses of
the parties; (b) indicate the speci c material dates showing that it is led 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 certi ed 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 su cient
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 ling 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 O ce 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 ling 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 O ce of the President.

SECTION 10. Action on appeal. The O ce of the President may require the appellee to le a comment to the
appeal memorandum within fteen (15) days from notice, or dismiss the appeal if the O ce of the President
nds 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.
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SECTION 11. Comment. The comment shall (a) point out insu ciencies 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 O ce of the President.

SECTION 12. Submission for resolution. The appeal shall be deemed submitted for resolution upon receipt
of the comment, unless the O ce 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 ndings 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 O ce of the President shall, except
as otherwise provided for by special laws, become nal after the lapse of fteen (15) days from receipt of a
copy thereof by the parties, unless a motion for reconsideration thereof is led 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 O ce of the President to the Court of Appeals or the Supreme Court, the
decision/resolution/order of the O ce 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 O ce 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 led out of time or over which the O ce 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 nal 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).

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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 modi ed 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 fteen (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

Source: Malacañang Records O ce

O ce of the President of the Philippines. (2011). Administrative Order No. 22: Prescribing rules and
regulations governing appeals to the  O ce of the President of the Philippines. Manila: Malacañang
Records O ce.

RESOURCES

[PDF] Administrator Order No. 22, October 11, 2011

(http://www.o cialgazette.gov.ph/downloads/2011/10oct/20111011-AO-0022-BSA.pdf)

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