Rules Implementing Presidential Decree No. 242

July 25, 1973

DOJ ADMINISTRATIVE ORDER NO. 121

RULES IMPLEMENTING PRESIDENTIAL DECREE NO. 242 "PRESCRIBING THE PROCEDURE FOR ADMINISTRATIVE SETTLEMENT OR ADJUDICATION OF DISPUTES, CLAIMS AND CONTROVERSIES BETWEEN OR AMONG GOVERNMENT OFFICES, AGENCIES AND INSTRUMENTALITIES, INCLUDING GOVERNMENT-OWNED OR CONTROLLED CORPORATIONS, AND FOR OTHER PURPOSES"

Pursuant to Section 7 of Presidential Decree No. 242 dated July 10, 1973, the following rules are hereby promulgated concerning the administrative settlement or adjudication of cases referred to therein by the Secretary of Justice, the Solicitor General and the Government Corporate Counsel, as the case may be. ADSTCI

SECTION 1. Any party to a dispute, claim or controversy solely between or among "the department, bureaus, offices, agencies and instrumentalities of the National Government, including government-owned or controlled corporations," arising from the "interpretation or application of statutes, contracts or agreements" may initiate the administrative proceedings for settlement or adjudication thereof as hereinafter provided.

The terms "departments", "bureaus" and "offices" shall refer to the regular executive departments, bureaus and offices. The terms "agencies" and "instrumentalities" of the National Government shall include all other government bodies and entities, corporate or non-corporate, self-governing or otherwise, as well as all government-owned or controlled corporations, except the constitutional offices or agencies.

SECTION 2.The petitioner shall file a petition with the proper adjudicatory office after serving upon the other party or parties, personally or by registered mail, a copy or copies of the petition and all enclosures.^*

Petitions involving mixed questions of law and of fact or only factual issues shall be filed with:

(a) The Office of the Solicitor General, with respect to disputes or claims or controversies between or among the departments, bureaus, offices and other agencies of the National Government;^**

(b) The Office of the Government Corporate Counsel, with respect to disputes or claims or controversies between or among the government-owned or controlled corporations or entities being served by the said Office; ^***

(c) The Office of the Secretary of Justice, with respect to all other disputes or claims or controversies which do not fall under the categories mentioned in paragraphs (a) and (b).

Petitions raising only questions of law shall be filed with the Office of the Secretary of Justice.

SECTION 3. The petition, which shall be signed by the chief of office/bureau/agency and approved by the Department Head, shall state the names and addresses of all the parties, the legal question or questions, the factual issue or issues, if any, and the relief sought.

SECTION 4. The respondent or respondents shall answer the petition within a period of ten (10) days from receipt of the petition, furnishing all parties with a copy each of the answer.

SECTION 5. Upon receipt of the answer or answers, a preliminary conference shall be called by the adjudicatory office to discuss an amicable settlement or compromise. If no agreement is reached at such conference, the conferees shall immediately proceed to pinpoint and formulate the principal or determinative issue or issues, legal and factual, to be resolved in the adjudication of the dispute, claim or controversy, and the parties shall be asked to submit an agreed statement or stipulation of facts.

In the event of failure of a party to attend such conference, the petition may be dismissed or the same shall be deemed submitted for decision after the reception of the evidence of the attending party or parties and such other evidence as may be necessary for the adjudicatory office to render a just and equitable decision on the case. Or judgment on the pleadings or summary judgment may be rendered if warranted by the pleadings and supporting affidavits and papers.

SECTION 6. The formal taking of testimony of witnesses may be dispensed with whenever the questions of fact raised can be resolved by means of affidavits, counter-affidavits and documentary evidence. The affiants may, however, be asked by the adjudicatory office some clarificatory questions or required to answer written interrogatories of the adverse party or parties.

SECTION 7. Difficult or complicated factual issues, especially those relating to technical matters, may be referred to an arbitration panel to be designated by the adjudicatory office. The representative of the adjudicatory office shall act as chairman of the panel. Such panel, however, shall not be bound by the procedure and rules found in the arbitration law except insofar as its application to the proceedings is practicable. As a general rule, the findings of fact of such panel shall be accepted as final and only questions of law arising therefrom shall be considered in the adjudication of the case.

SECTION 8. With respect to cases filed with the Office of the Solicitor General or Office of the Government Corporate Counsel, if it appears indubitably from the pleadings that the only issue presented is a question of law, the same shall be forwarded to the Secretary of Justice for his consideration and appropriate action. TIaCAc

SECTION 9. A motion for reconsideration may be filed by the party adversely affected by a decision within ten (10) days from receipt of a copy thereof.

In cases adjudicated by the Solicitor General and the Government Corporate Counsel the decision, together with the records of the case, shall be immediately forwarded to the Secretary of Justice upon the expiration of the said period if no motion for reconsideration has been filed. Otherwise, the same shall be so transmitted after the resolution of the motion for reconsideration. The decision in such cases shall become final and executory upon its approval by the Secretary of Justice. In the event of disapproval, the decision rendered upon review shall become final and executory as provided in the next paragraph.

In cases adjudicated by the Secretary of Justice, the decision shall become final and executory upon the expiration of the said period, if no motion for reconsideration has been filed. Otherwise, it shall become final and executory upon receipt by the movant of a copy of the resolution of the motion.

SECTION 10. In cases where the amount of the claim or the value of the property involved exceeds one million pesos, an appeal may be taken to the Office of the President by filing a notice of appeal and serving the same upon all parties within a period of ten (10) days from receipt of a copy of the final action taken by the Secretary of Justice. In such event, the decision shall become final and executory only upon affirmation by the Office of the President. If no appeal is taken within the said period, the final decision taken in the case shall become immediately executory upon the expiration of the said period. DACIHc

SECTION 11. Proceedings under Presidential Decree No. 242 shall be summary in nature and the adjudicatory office shall act according to the substantial merits of the case without regard to technicalities or legal forms, and shall not be bound by the technical rules of procedure and evidence. The said office may inform its mind in such manner as may be deemed just and equitable.

SECTION 12. In cases filed with the Office of the Solicitor General and the Office of the Government Corporate Counsel, the parties may appear thru their duly authorized representatives or their respective legal officers. In cases to be adjudicated by the Secretary of Justice, the parties shall be represented by the Office of the Solicitor General or the Office of the Government Corporate Counsel or the Legal Department of independent entities or agencies, as the case may be.

SECTION 13. All proceedings under Presidential Decree No. 242 shall be of record. The adjudicatory office shall each designate a responsible officer who shall perform all the duties devolving upon a clerk of court and act as custodian of all records relative to such proceedings.

SECTION 14. All necessary and incidental expenses incurred in every proceeding for the settlement or adjudication of disputes, claims or controversies under said Decree shall, as in arbitration cases, be assessed against all or some of the parties thereto, or against one of them, if the facts and circumstances so warrant. Whenever convenient, the adjudicatory office may initially require the parties to contribute to a common fund for such expenses, subject to such adjustment later on based on the final assessment made by the adjudicatory office against the party or parties upon the termination of the proceedings.

SECTION 15. The officer deputized or designated by the head of the adjudicatory office to take charge of the hearing of a case shall exercise the same rights and powers conferred by law upon an administrative or non-judicial officer authorized to take testimony or evidence. Persons who, without lawful excuse, fail or refuse to obey orders issued in the said hearing shall be dealt with in accordance with law, without prejudice to further administrative action against public officers or employees pursuant to civil service law, rules and regulations.

SECTION 16. The Rules of Court shall not apply to proceedings under the aforementioned Decree except by analogy or in a suppletory character, whenever practicable and convenient, and to make effective the authority vested in the adjudicatory offices.

SECTION 17. Supplemental rules shall be issued from time to time as may be necessary to ensure the fair and expeditious disposition of cases.

July 25, 1973.

(SGD.) VICENTE ABAD SANTOSSecretary of Justice

 

Footnotes

 

    *See Annex "A" for captions and titles.

  **The regular departments, bureaus, offices and other agencies not included in the list of those being served by the Office of the Government Corporate Counsel, except the constitutional offices or agencies.

***See Annex "B" for list of such corporations.