PART
7 PETITIONS
AND
APPEALS
Rule 700.
Petition to the Director to question the correctness of the
action of
an Examiner on matters of form. Petition may be filed
with
the Director from any repeated action or requirement of the Examiner on
matters of form and in other appropriate circumstances. Such
petition,
and any other petition which may be filed, must contain a statement of
the facts involved and the point or points to be reviewed. Briefs
or memoranda, if any, in support thereof should accompany or be
embodied
in the petition. The Examiner, as the case may be, may be
directed
by the Director to furnish a written statement setting forth the
reasons
for his decision upon the matter averred in the petition, supplying a
copy
thereof to the petitioner.
Rule
701.
Appeals to the Director. Every applicant may, upon
the final
refusal of the Examiner to register, appeal the matter to the
Director.
Rule
702.
Complaints against Examiners to be on separate paper.
Complaints against Examiners and other officers must be made in a
communication
separate from other papers, and will be promptly investigated.
Rule
703.
Effect of a final decision of an Examiner which is not
appealed.
A final decision of an Examiner which is not appealed to the Director
within
the time permitted, or, if appealed, the appeal is not prosecuted,
shall
be considered as final to all intents and purposes, and shall have the
effect of res judicata in respect of any subsequent action on
the
same subject matter.
Rule
704.
Time and manner of appeal. Any petition or appeal
must be
taken by filing the petition in duplicate and payment of the required
fee
within two (2) months from the mailing date of the action appealed
from,
must specify the various grounds upon which the appeal is taken, and
must
be signed by the petitioner or appellant or by his attorney of
record.
The petition shall include a brief of the authorities and arguments on
which he relies to maintain his appeal. A third copy of the
petition
shall be furnished the Examiner. On failure to file the brief
within
the time allowed, the appeal shall stand dismissed.
Rule
705.
The Examiner’s answer. The Examiner shall furnish a
written
statement in answer to the petition or appellant’s brief, as the case
may
be, within two (2) months from the order of the Director directing him
to submit such statement. Copy of such statement shall be served
on the petitioner or appellant by the Examiner.
Rule 706.
Appellant’s reply. In case of an appeal, the appellant may
file
a reply brief directed only to such new points as may be raised in the
Examiner’s answer, within one (1) month from the date copy of such
answer
is received by him.
Rule
707.
Appeal to the Director-General. The decision or
order of the
Director shall become final and executory fifteen (15) days after
receipt
of a copy thereof by the appellant unless within the said period, a
motion
for reconsideration is filed with the Director or an appeal to the
Director-General
has been perfected by filing a notice of appeal and payment of the
required
fee.
Only one motion for
reconsideration of the decision or order of the Director shall be
allowed.
Rule 708.
Appelant’s
brief required. The appellant shall, within one (1) month
from
the date of filing of the notice of appeal, file a brief of the
authorities
and arguments on which he relies to maintain his appeal. On
failure
to file the brief within the time allowed, the appeal shall stand
dismissed.
Rule 709.
Director’s comment. The Director shall submit within one (1)
month his comments on the appellant’s brief if so required by the
Director
General.
Rule
710.
Appeal to the Court of Appeals. The decision of the
Director
General shall be final and executory unless an appeal to the Court of
Appeals
is perfected in accordance with the Rules of Court applicable to
appeals
from decisions of Regional Trial Courts. No motion for
reconsideration
of the decision or order of the Director General shall be allowed.
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