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Filing an Appeal with the Office of the General Counsel
| 1. | What are the requirements in filing an Appeal to the Commission En Banc? | ||
| a. | The Appeal Memorandum, in six (6) legible copies, shall state the following: | ||
| (i) | The full name, capacity, and respective addresses of the parties to the appeal for the proper service of processes emanating from the Commission; | ||
| (ii) | The material dates showing the timeliness of the appeal; | ||
| (iii) | A concise statement of the matters involved, the issues raised, the specification of errors or arguments relied upon in support of the appeal; | ||
| (iv) | A copy of the decision, final order or resolution of the Director of the Operating Department, Special Hearing Panel or SRO attached to the Appeal Memorandum, as the case may be, being appealed and the material portions of the record that will support the allegations of the appeal; | ||
| (v) | An express consent, if any, of the appellant, or his counsel, of the electronic service of papers, orders, decisions and resolutions emanating from the Commission. The consenting appellant or his/her counsel, as the case may be, shall state the email address at which he/she agrees to accept such service; | ||
| (vi) | Documents in support of the allegations made on the Appeal Memorandum; | ||
| (vii) | Verification and Certification of Non-Forum Shopping; and | ||
| (viii) | Proof of Service to the Operating Department/SRO and other parties concerned. | ||
| 2. | How much is the docket fee in filing a case? | ||
| The docket fee in filing a case is in the amount of Three Thousand and Thirty Pesos (PHP 3,030.00). | |||
| 3. | Where can I pay the docket fee required in filing a case? | ||
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Please be advised that in line with the Commission’s adoption of digital payments for disbursements and collections, pursuant to Executive Order No. 170, s.2022, the Cashier’s Office at the SEC Headquarters, Makati City will be officially closed starting February 1, 2023. All payment will be accepted through the SEC online Payment Portal (eSPAYSEC) https://espaysec.sec.gov.ph/payment-portal/home or at any Land Bank of the Philippines branch nationwide. |
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| 4. | What are the reglementary periods in filing an appeal? | ||
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An appeal to the Commission En Banc must be taken within fifteen (15) days from receipt by the party of the adverse decision, final order or resolution of a Director of an Operating Department or the Special Hearing Panel. While an appeal from an adverse decision, final order or resolution of a Self-Regulatory Organization may be taken within thirty (30) days from the receipt thereof. |
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| 5. | What are the manners of filing pleadings and all other papers? | ||
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The filing of pleadings and all other papers with the Commission shall be made in the following manner: (i) Manual Filing – by presenting the original copies of the pleadings to the (1) Office of the General; or to the (2) Commission En Banc, through the OGC, as applicable; or (ii) Registered Mail – by sending them by registered mail or by private courier addressed to the Office of the General or to the Commission En Banc, through the OGC, as applicable. In case of a state of national emergency due to pandemic or in the event of other major disruption caused by a natural disaster or other causes, the manner of filing prescribed in the interim guidelines issued by the OGC shall be followed. |
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