RULE
9
RECONSIDERATION;
APPEAL
Section 1. Appeal
to the Director General.
Section
2.
Grounds of and period for filing motion for
reconsideration.
Within the period for taking an appeal, the aggrieved party may
move
for reconsideration upon the grounds that the evidence is insufficient
to justify the decision or final order, or that the decision or final
order
is contrary to law.
Section
3.
Contents of motion for reconsideration and notice
thereof.
The motion shall be made in writing stating the ground or grounds
therefor,
a written notice of which shall be served by the movant on the adverse
party.
A motion for reconsideration
shall point out specifically the findings or conclusions of the
judgment
or final order which are not supported by the evidence or which are
contrary
to law, making express reference to the testimonial or documentary
evidence
or to provisions of law alleged to be contrary to such findings or
conclusions.
A pro forma motion
for reconsideration shall not toll the reglementary period of
appeal.
Section
4.
Action upon motion for reconsideration. If the
Director finds
that the judgment or final order is contrary to the evidence or law, he
may amend such judgment or final order accordingly.
Section
5.
Resolution of motion. A Motion for reconsideration
shall be
resolved within one (1) month from the time it is submitted for
resolution.
Section
6.
Second motion for reconsideration. No party shall be allowed
a second motion for reconsideration of a judgment or final order.
Section 7.
Partial reconsideration. If the grounds for a motion under
this
Rule appear to the Director to affect the issues as to only a part, or
less than all of the matter in controversy, or only one, or less than
all,
of the parties to it, he may grant reconsideration as to such issues if
severable without interfering with the judgment or final order upon the
rest.
Section
8.
Remedy against order denying a motion for
reconsideration.
An order denying a motion for reconsideration is not appealable, the
remedy
being an appeal from the judgment or final order.
Section
9.
Appeal to the Court of Appeals or Supreme Court. No motion
for
reconsideration of any decision or final order of the Director
General
shall be entertained and, the decision or final order of the
Director
General shall be final and executory unless an appeal to the Court of
Appeals
or the Supreme Court is perfected in accordance with Rule 41 of
the
Rules of Court applicable to appeals from decisions of Regional Trial
Courts.
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