Appeals from Decision or Orders of Operating Department

What kind of appeal?

Ordinary appeal which is an appeal to the Commission En Banc may be taken

from a decision; order or resolution issued by an Operating Department if there
are questions of fact, of law, or mixed questions of fact and law.

How Appeal is taken?

Filling w/ Commission En Banc a Notice of appeal and a Memorandum on
Appeal w/n 15 days from notice of decision, order or ruling and paying the
corresponding docket fee and serving upon the adverse party
Provided, that no appeal shall be given course unless it includes a certification of
non-filing of multiple petitions and complains.
When is the appeal perfected?
Upon filing of the Memorandum on appeal (7 copies) and payment of the
required docket fee w/in the period provided
Forms and Contents of Memorandum on appeal
1. Specify the parties to the appeal
2. Designate the decision, order or ruling or part thereof appealed from
3. Indicate the material dates to show that the appeal was seasonably filed
4. The full names of all the parties to the proceedings shall be stated in the caption
5. Shall include the decision, order or ruling from which the appeal is taken
6. in chronological order copies of any such pleadings, motions and all interlocutory
orders related to the appealed decision and necessary for the proper
understanding of the issue involved
7. must include the date to show that the appeal was perfected on time
8. must contain a concise statement of facts and issues involved
Reply Memorandum
the appellee shall file 7 copies of the reply memorandum w/ the Commission En
Banc w/in 10 days from receipt of the order to file reply memorandum furnishing
copies to the appellant
Failure to file shall constitute as waiver to file
When can Commission En Banc dismissed the appeal?
For failure or non-compliance of these rule
Failure to perfect the appeal w/in the prescribed period
When can an appeal be submitted for decision?
Upon filing of the reply memorandum w/ the Commission En Banc

After the expiration of the period to file an appeal and no such memorandum has
been filed
Except if the Commission En Banc motu propio or upon motion and for special
reason, sets the case for oral arguments

Review Standard
Findings of fact by the Operating Department shall not be disturbed by the
Commission En Banc except for serious errors of fact have been committed
Disposition of the Appeal of the Commission En Banc
May affirm, reverse or modify the decision, order or ruling appealed from or direct
further proceedings
No motion for reconsideration of the Decision of the Commission En Banc shall
be entertained