PRESCRIBING PROCEDURE AND SANCTIONS TO ENSURE SPEEDY DISPOSITION OF ADMINISTRATIVE CASES

WHEREAS, the Constitution guarantees the speedy
disposition of cases, including those brought before administrative and
quasi-judicial bodies;

WHEREAS, Book VII of the Administrative
Code of 1987 (Executive Order No. 292) prescribes the Administrative
Procedure to be observed by all government agencies, including
departments, bureaus, boards, offices, commissions, and similar bodies;

WHEREAS,
Section 14, Chapter 3, of said Administrative Procedure mandates that
all government agencies “shall decide each case within thirty (30) days
following its submission” for resolution;

WHEREAS, the same Administrative Procedure was prescribed in the interest of speedy and inexpensive disposition of cases;

WHEREAS, it is necessary to issue regulations to government agencies to fully implement the said Administrative Procedure;

NOW,
THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by virtue
of the powers vested in me by law, do hereby order all government
agencies to strictly observe the following regulations in the
disposition of cases;

1.  Period For Deciding Cases or Incidents

1.1
Unless a different period is fixed by special law, all contested cases
or incidents shall be decided within thirty (30) days from the date of
submission for resolution pursuant to Section 14, Chapter 3, Book VII of
the Administrative Code of 1987.

1.2 Where the officer’s action
is only recommendatory to his immediate superior or head of office, he
shall submit his recommendation within twenty (20) days from date of
submission of the case or incident for resolution.  The approving
officer shall have ten (10) days from submission of the recommendation
to decide the case or incident.

1.3 A case or incident is deemed
submitted for resolution upon expiration of the period for filing the
memorandum, position paper or last pleading required of the parties.

1.4
Every officer charged with the resolution of cases or incidents shall
submit to his immediate superior, head of office, or officer exercising
administrative supervision over him, within ten (10) days following the
end of every month, a sworn Statement of Disposition of Cases (Annex
“A”)^* declaring that all cases or incidents submitted to him for resolution have been decided within the prescribed period.

1.5
Only one motion for reconsideration shall be allowed, which shall be
decided within fifteen (15) days from date of submission for
resolution.  No other pleading shall be allowed other than the motion
for reconsideration and opposition thereto.

1.6 Cases and
incidents pending resolution upon the effectivity of this Executive
Order shall be decided within thirty (30) days from effectivity of this
Executive Order.

1.7 The salary of any officer who fails to submit the Statement of Disposition of Cases
within the prescribe period shall be, or cause to be, withheld by the
head of office or immediate supervisor until the said officer complies
with paragraph 1.4 above.  This is without prejudice to the imposition
of other appropriate penalties as may be provided by law, rules and
regulations.

2. Abbreviation of Proceedings — All
administrative agencies are hereby directed to adopt and include in
their respective Rules of Procedure the following provisions:

2.1
Rules encouraging the parties and their counsels to enter into amicable
settlement, compromise and arbitration in accordance with Section 10,
Chapter 3, Book VII of the Administrative Code of 1987;

2.2 Rules
adopting, unless otherwise provided by special laws and without
prejudice to section 12, Chapter 3, Book VII of the Administrative Code
of 1987, the mandatory use of affidavits in lieu of direct testimonies
and the preferred use of depositions whenever practicable and
convenient;

2.3 Rules requiring the parties, unless otherwise
provided by special laws, to submit in addition to the memorandum,
position paper, or last pleading required of them, a draft of the
decision they seek, stating clearly and distinctly the facts and the law
upon which it is based.  Following the termination of the hearing or
trial, the officer, board or commission charged with resolving the case
may, after considering and appreciating the applicable laws, rules and
regulations and the evidence submitted, adopt, in whole or in part,
either of the parties’ draft decisions, or reject both.  This
requirement shall likewise be applied to motions or applications for
orders other than the final judgment; and

2.4 Rules avoiding
postponements of hearings or trials and other dilatory tactics which the
parties or their counsels might employ.

Administrative agencies
shall adopt the foregoing rules not later than forty-five (45) days from
the effectivity of this Executive Order.

3.  Applicability
— In accordance with Section 2, Chapter 1, Book VII of the
Administrative Code, these regulations shall, unless otherwise provided
by special laws, apply to government agencies, including any department,
bureau, board, office, commission, authority or officer of the National
Government authorized by law or executive order to adjudicate cases.

These
regulations shall not apply to the Congress, the Judiciary, the
Constitutional Commission, military establishments in all matters
relating exclusively to Armed Forces personnel, the Board of Pardons and
Parole, and state universities and colleges.

4.  Effectivity
— This Executive Order shall take effect twenty (20) days following the
completion of its publication in at least two (2) newspapers of general
circulation.

Adopted: 7 Oct. 1992

(SGD.) EDELMIRO A. AMANTE
Executive Secretary

ANNEX “A”

_____________________	(Office)	____________________
_____________________	(address)	____________________

STATEMENT OF DISPOSITION OF CASES

I
_____________ (Name) __________________,_____ (Position)____________
(Division/Office) __________________ (Address of Social
Station__________________)  hereby certify under oath that to date I
have decided all cases and incidents assigned to me within thirty (30)
days from the date of submission for resolution, or in the case of
motions for reconsideration within fifteen (15) days from the date of
submission for resolution.

_________, 199____.

_________________	(Name)	_________________
_________________	(Position)	_________________

SUBSCRIBED AND SWORN to before me this ___________ day of _____________199___, in ___________.

____________________________
(Notary/Officer Authorized)   
Under R.A. 6733         

Verified by:

________________________________
Head of Office / Immediate Supervisor