[O.P. Case No. 98-A-8240.  June 26, 1998.]

IN RE: APPLICATION FOR CONVERSION OF PRECIOSA AND AGUSTINA GARCIA, applicants-appellants.

R E S O L U T I O N

          Before this Office is the motion filed by Ma. Patricia P. Rualo-Bello, Officer-in-Charge/Assistant Director, Bureau of Agrarian Legal Assistance (BALA) for and in behalf of the Department of Agrarian Reform (DAR), for reconsideration of the Decision of this Office dated May 29, 1998.

          Ms. Rualo-Bello alleges that the "decision is contrary to law and jurisprudence on the ground that the appeal filed by Applicants-Appellants to the Office of the President was not seasonably filed within the reglementary period of appeal."

          Contrary to the said allegation, appellant averred in their Appeal Memorandum that they received a copy of the Order dated September 24, 1997 on October 2, 1997. On October 09, 1997 this Office received appellants Notice of Appeal and Appeal Memorandum. Their appeal fee was similarly paid on the same date.

          In this connection, Section 1 of Administrative Order No. 18 dated February 12, 1987 provides:

          "SECTION 1.           Unless otherwise governed by special laws, an appeal to the Office of the President shall be taken within thirty (30) days from receipt by the aggrieved party of the decision/resolution/order complained of or appealed from. Said appeal shall be filed with the Office of the President, or with the Ministry/agency concerned, with copies forwarded to the affected parties and, if the appeal is filed with the Office of the President, to the Ministry/agency concerned. . . ."

          Appellants filed their appeal within seven (7) days from receipt of the Order, hence still within the reglementary period to appeal.

          WHEREFORE, premises considered, the instant motion for reconsideration is hereby DENIED.

          SO ORDERED.

          Manila, Philippines.

By authority of the President:

(SGD.) ALEXANDER P. AGUIRRE

Executive Secretary

Copy furnished:

Atty. Eladio Pasamba

Samahang Magsasaka ng Timog Katagalugan, Inc.

DARRO IV, Pasig City

The Provincial Agrarian Reform Officer Laguna

The Municipal Agrarian Reform Officer Calamba, Laguna

Department of Agrarian Reform