Practice question
A perfected administrative appeal is governed by Section 21. No statute directs execution, but the appellate agency issues a proper direction for execution pending appeal after considering the case's nature and circumstances and finding it just. The appellant argues that a stay can never be lifted because the default rule mentions one. Which answer is correct?
- The argument ignores Section 21's express authority for that qualified direction
- The stay is absolute regardless of the provision's remaining text
- The appellate agency must first reverse the Constitution
- Execution pending appeal means the appellant has already won
- Every initial agency clerk may disregard a stay without appellate action
Legal references
- Executive Order No. 292, Administrative Code of 1987, Book VII, Chapter 4, Sections 19–23, administrative appeal in contested cases: https://lawphil.net/executive/execord/eo1987/eo_292_1987.html
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