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.
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