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Question Clarification on Section 65 and Section 115 of 2017 RACCS

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1 year 1 month ago #1089 by francine
francine created the topic: Clarification on Section 65 and Section 115 of 2017 RACCS
Good day!

I would like to seek clarification on Section 65 and Section 115 RACCS. Section 65 states thay filing of a motion for reconsideration shall stay the execution of the decision sought to be considered. However, Section 115 states that the decision of the Commission Proper is immediately executory unless a motion for reconsideration is seasonably filed, in which case, the execution shall be held in abeyance.

With this, will the execution of the decision of the Commission Proper be held in abeyance when a motion for reconsideration is seasonably filed when Section 65 states that filing of a motion for reconsideration shall stay the execution of the decision?

Thank you and I am hoping for your prompt reply.

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1 year 1 month ago - 1 year 1 month ago #1130 by Action Officer 17
Action Officer 17 replied the topic: Clarification on Section 65 and Section 115 of 2017 RACCS
Distinction should be made between Sections 65 and 115.

Section 65, speaks of the effect of the filing of a Motion for Reconsideration (MR). In this case, if an MR is timely filed within the 15 days reglementary period, it has the effect of tolling the execution of the subject decision sought to be reconsidered.

On the other hand, Section 115 speaks of the effect when no MR is filed within the 15 days reglementary period. In such case, after the lapse of the 15-day reglementary period, the CSC Decision is immediately executory.
Last Edit: 1 year 1 month ago by Action Officer 17.

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