This case has been cited 1 times or more.
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2005-12-15 |
CHICO-NAZARIO, J. |
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| The Ponce Group appealed to the Court of Appeals the Order of the SEC En Banc, dated 29 March 1993, and the Resolution, dated 03 January 1994, denying their motion for reconsideration.[27] The Ponce Group raised only one issue before the Court of Appeals: Whether the Decision by SEC Hearing Officer Atas, dated 01 September 1992, had already become final and executory as of 18 September 1992, in accordance with the provisions of the Administrative Code of 1987. On 18 March 1994, the Court of Appeals rendered its Decision,[28] resolving the issue in the negative and finding that the Alcantara Group filed its appeal of the Decision by SEC Hearing Officer Atas, dated 01 September 1992, to the SEC En Banc within the 30-day reglementary period for appeal set by P.D. No. 902-A. The Court of Appeals adopted the position of the SEC En Banc that the period to appeal a Decision by an SEC Hearing Officer to the SEC En Banc was 30 days, as provided in P.D. No. 902-A, and not the shorter period of 15 days, as limited by the Administrative Code of 1987. P.D. No. 902-A,[29] a special law that exclusively pertained to the SEC, should prevail over the Administrative Code of 1987,[30] which generally applied to all government agencies, because pursuant to the established rule of statutory construction, a subsequent general law could not repeal a prior special law. Furthermore, the 15-day appeal period provided for in the Administrative Code of 1987 applied only to appeals from a final decision of an agency, which was, in this case, the SEC En Banc, to the Court of Appeals. It did not apply to internal appeals within the same agency or administrative body. The Court of Appeals denied the motion for reconsideration filed by the Ponce Group in a Resolution,[31] dated 21 June 1994. | |||||