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NAPOLCOM CIRCULAR NO.

2016-02
APPEAL RULE 20

Filing of Notice of Appeal


To be submitted to the PLEB Board
Copy furnished to other party
Filed within 10 days

Section 1. How Appeal is Taken; Time of Filing. Appeals from the decisions of the Disciplinary Authority or
Appellate Body shall be taken by the party adversely affected by filing a notice of appeal with the office that
rendered the decision or resolution, copy furnished the other party, within ten (10) days from receipt of a copy
of the decisions.

Section 2. Appeal Fee. - The appellant shall pay the prescribed appeal fee, whenever required, and the proof of
payment thereof shall be attached to the notice of appeal.

Section 3. Notice of Appeal and Memorandum On Appeal. (a) A Notice OF Appeal shall be filed in three (3)
legible copies which shall contain the following:
1) the material dates showing that it was filed on time; 2) the assignment of the specific errors of fact or law, or
both, allegedly committed by the Disciplinary Authority; (3) the specific Appellate Body to which the appeal is
being taken; and 4) the complete mailing address and contact information of the appellant or counsel.
The appellant shall submit a Memorandum on Appeal in three (3) legible copies simultaneous with the Notice
of Appeal or not later than fifteen (15) days from the filing of the notice of appeal, copy furnished the other
party.
(b) In all appealed cases, the titles of the case shall remain as it was before the Disciplinary Authority with the
party appealing the case referred to as the appellant and the prevailing party as the appellee.

Section 4. Dismissal of the Appeal. When the appellant fails to comply with the requirements provided in
Section 1, 2 and 3(a) of this Rule the Appellate Body shall direct compliance thereof within ten (10) days from
receipt of the order with a warning that non-compliance with the requirements shall be construed as failure to
perfect an appeal and shall cause the dismissal of the appeal with prejudice to its re-filing.

Section 5. Transmittal of the Record. Within fifteen (15) days from receipt of the Notice of Appeal, the
concerned Disciplinary Authority shall forward the complete original records of the case to the appellate body,
which shall be systematically and chronologically arranged, paged and securely bound to prevent loss of any
piece of document and evidence thereof. The transmittal of the records shall be a ministerial duty and failure
to forward the same shall be a ground for administrative action against the concerned official or personnel for
serious neglect of duty.

Section 6. Docketing of Appealed Cases. Upon receipt of the complete original records, which shall include the
exhibits and transcript of stenographic notes from the Disciplinary Authority, the Appellate Body shall
immediately docket the same by stamping the time and date of receipt on its cover, assigning the appeal case
number and entering the same, including its original administrative case number, on the docket book for
appealed cases.

Section 7. Period to Act on Appeal. - The RAB and the NAB shall decide the appeal within sixty (60) days from
receipt of the complete records of the case.

Section 8. Withdrawal of Appeal. At any time before the appellate body renders its decision resolving the
appeal, the appellant, as a matter of right, can withdraw the same; which shall consequently, render the
appealed decision final and executory. No motion to reinstate the appeal shall be allowed.