Regulations governing appeals to the office of the secretary from the decisions/orders of the regional offices
1987, the following rules and regulations are promulgated to govern
appeals to the Office of the Secretary, Department of Environment and
Natural Resources, from the decisions/order of DENR Regional Offices,
thus:
SECTION 1. Perfection of Appeals –
a. Unless otherwise provided by law or executive order, appeals
from the decisions/orders of the DENR Regional Offices shall be
perfected within fifteen (15) days after receipt of a copy of the
decisions/order complained of by the party adversely affected, by filing
with the Regional Office which adjudicated the case a notice of appeal,
serving copies thereof upon the prevailing party and the Office of the
Secretary, and paying the required fees.
b. If a motion for reconsideration of the decision/order of the
Regional Office is filed and such motion for reconsideration is denied,
the movant shall have the right to perfect his appeal during the
remainder of the period for appeal, reckoned from receipt of the
resolution of denial. If the decision is reserved on reconsideration,
the aggrieved party shall have fifteen (15) days from receipt of the
resolution of reversal within which to perfect his appeal.
c. The Regional Office shall, upon perfection of the appeal,
transmit the records of the case to the Office of the Secretary with
each page numbered consecutively and initialed by the custodian of the
records.
SECTION 2. Effect of Appeals – The appeal shall
stay the execution of the decision/order appealed from except as
otherwise provided by the law or executive order or the Office of the
Secretary directs execution pending appeal considering the nature and
circumstances of the case.
SECTION 3. Action on Appeal – The Office of the
Secretary shall review the records of the proceedings and may, on its
own initiative or upon motion, receive additional evidence.
SECTION 4. Dismissal of Appeal – The appeal may be dismissed for failure to comply with the orders issued in connection with the appeal.
SECTION 5. Finality of Decision of the Office of the Secretary – The
decision/order of the Office of the Secretary shall become final and
executory fifteen (15) days after the receipt by the parties of a copy
thereof.
SECTION 6. Applicability of the Rules of Court – The Rules of Court shall apply when not inconsistent with the provisions hereof.
SECTION 7. Effectivity – This Administrative Order shall take effect immediately after its publication in a newspaper of general circulation.
Adopted: 28 Dec. 1990