Section 4. Appellee’s Memorandum on Appeal; Contents. – The appellee shall submit a Memorandum on Appeal within ten (10) days from receipt of the order requiring him/her to do so. It should contain a brief counter-statement of matters involved, the issues, and the relief prayed for. The appellee’s Memorandum on Appeal shall be filed in three (3) legible copies with proof of service to the appellant. Section 5. Additional Evidence on Appeal, not Allowed; Exception. – The Commission en banc shall decide the appeal based on the entire record of the proceedings before the Regional Hearing Office, and upon such memoranda and pleadings as are filed before the Commission en banc. No additional evidence shall be introduced on appeal, except upon motion of any party in cases of newly discovered evidence, which could not, with reasonable diligence, have been discovered and produced during the conduct of the hearing before the Regional Hearing Office, and which if presented, would probably alter the result. Section 6. Quorum. – In deciding cases on appeal, the Commission shall sit en banc and a simple majority of all members of the Commission shall constitute a quorum. At the discretion of the Commission en banc, the case may be set for hearing for purposes of clarification or to allow the parties to deliberate on their arguments. Section 7. Vote Required for Judgment or Final Order. – A simple majority vote of all Commissioners shall be required for the pronouncement of a judgment or final order. Section 8. Period to Render Decision. – The Commission en banc shall resolve an appeal within ninety (90) days from receipt of the last memorandum or pleading required, or upon expiration of the period for filing the same. Section 9. Decision. – After deliberation, the case will be assigned to the pertinent Ethnographic Commissioner, for him/her to act as ponente for the resolution or decision in the case. The resolution or decision of the Commission en banc shall state clearly and distinctly the findings of facts and the conclusions of law upon which it is based. The other commissioners may write their own concurring, separate, or dissenting opinion in a case, and the same shall be attached to the resolution or decision. Section 10. Motion for Reconsideration. – Only one motion for reconsideration on the resolution or decision of the Commission en banc that finally disposes of the case shall be allowed. Said motion shall be filed within fifteen (15) days from receipt of a copy of the assailed resolution or decision. The filing of a timely motion for reconsideration shall interrupt the running of the period to appeal. Page | 15

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