A Philippine Administrative Law Guide

Executive summary

Short answer: there is generally no independent “prescriptive period” to present a Notice of Decision (NoD). In Philippine administrative practice, a NoD is simply the agency’s written notice serving or transmitting its decision. What the law strictly regulates are the reglementary periods to move, appeal, or otherwise act after you receive the decision—and those clocks run from your actual receipt of the NoD (or decision), not from the date you later show or “present” it to someone.

That said, deadlines do apply to what you do because of the NoD (e.g., file a motion for reconsideration, take an administrative appeal, go to court, or seek execution). This guide explains how those periods work, how receipt is proven, and where people get tripped up.

NoD in context: what it is—and isn’t

What “NoD” typically means. In administrative cases, agencies issue a decision and serve it on the party. Many offices use a cover letter titled “Notice of Decision” attaching the decision or reciting the dispositive portion. Think: Civil Service administrative cases, professional licensing boards, procurement protests, regulatory adjudications, etc.
Not the same as “ND.” Don’t confuse NoD (Notice of Decision) with ND (Notice of Disallowance) in COA audit practice—those are governed by a different regime. This guide focuses on NoD as notice of an administrative decision.

The controlling concept: receipt triggers your deadlines

Across agencies, the date you receive the decision (typically via personal, courier, registered mail, or authorized electronic service) is what starts the clock. The NoD’s role is evidentiary: it proves the decision was served and when you received it.

What you must usually do after receiving a NoD

Depending on the forum’s rules, typical next steps are time-bound:

Move for reconsideration (MR) within a fixed number of days from receipt.
Appeal administratively to the head of agency/commission proper within a fixed period (often counted from receipt of the decision or of the MR denial).
Judicial review (e.g., a Rule 43 petition to the Court of Appeals) within a fixed period from receipt of the final administrative action.
Execution (once the decision is final and executory) within the time allowed by the forum’s rules (often borrowing the Rules of Court timelines for execution/finality).

Key point: There is no separate deadline merely to “present” or show your NoD. What matters is that you meet the deadlines for your chosen remedy, and your NoD (plus proof of receipt) is one of the standard attachments proving timeliness.

Proof of receipt: how agencies and courts determine when periods start

To show when the clock began, parties (and the agency) rely on:

Registry return card (registered mail) or courier proof-of-delivery.
Personal service acknowledgment (signed by recipient or authorized representative).
Email/electronic service logs (if the forum allows e-service), including read receipts or system delivery stamps.
Official docket stamps when received through an agency portal or counter.

Practical tip: Keep the envelope, registry slip, courier sticker, or e-mail headers. Many appeals fail because the appellant cannot prove the date of receipt.

Service missteps and how they affect deadlines

Defective service (e.g., sent to a wrong address, unserved counsel of record) may delay the start of the appeal period—but it’s risky to assume. If you actually learned of the decision and participated after, some forums treat you as having received notice.
Refusal to receive or unclaimed registered mail can still count as service after a statutory period (e.g., constructive service principles), starting the clock notwithstanding actual non-reading.
Multiple counsel: service on counsel of record (not the party) is typically controlling; service on the party alone might not start the clock if counsel should have been served.

“Presenting” the NoD at a later stage

You’ll often be asked to attach or present the NoD (and proof of receipt) when you:

File an MR or appeal (to prove it’s on time).
File a petition for review in court (to show jurisdictional timelines were met).
Seek execution (to show finality and date of finality).
Process benefits/reinstatement/back pay after a favorable ruling (to establish dates).

There is no separate prescriptive period for this act of presentment. However, failing to attach the NoD when required can lead to:

Dismissal for formal defects if not cured promptly.
Assumption that your filing is out of time, if you cannot later substantiate the receipt date.

Most forums allow curative filing (submitting the NoD later) so long as the original filing itself was timely.

Finality and execution: clocks you should know

Finality: Administrative decisions typically become final and executory after the lapse of the appeal/MR period without action, or upon receipt of the denial of MR/appeal.
Execution: Once final, execution is ministerial in many forums. If you need to enforce through courts or invoke Rule 39 analogs, remember the classic 5-year by motion / 10-year by independent action framework often applied to judgments (some agencies adopt similar concepts by rule or jurisprudence).

Bottom line: you don’t “prescribe” on merely presenting the NoD, but you can be out of time to execute if you sleep on a final decision for years.

Frequent pitfalls and how to avoid them

Equating “date of decision” with “date of receipt.” Timelines run from receipt, not the date typed on the decision.
No proof of service kept. Without the registry card/courier proof/e-mail metadata, you can’t anchor your reckoning.
Counsel-versus-party service mix-ups. Ensure the agency serves your counsel of record at the correct address.
Assuming an MR always tolls time. Only a timely and proper MR tolls the appeal period—an out-of-time MR does not.
Conflating NoD with COA ND. If your document is a Notice of Disallowance (ND), you are in COA audit territory with different rules and long appeal windows; don’t use administrative case timelines.
Waiting to “present” the NoD before filing. File the MR/appeal within time, even if your NoD copy is being re-issued; you can attach a placeholder (e.g., affidavit with tracking number) and supplement once the duplicate is available.

Agency-by-agency: what tends to vary (and what doesn’t)

What varies:

Length of MR and appeal periods, and whether MR is optional or mandatory before judicial review.
Who must be served (party vs. counsel) and accepted modes of service (postal, courier, e-mail/portal).
Special computation rules (calendar vs. working days; suspension of periods during fortuitous events; agency holidays/closures).

What does not vary:

Receipt controls the reckoning.
No separate “prescriptive period” exists just to show or present the NoD.
You must prove when you received the decision.

Practical workflow (checklist)

Diarize the date of receipt the same day you get the NoD.
Secure and scan all proofs of service (envelope, registry card, courier POD, e-mail headers).
Identify the controlling rules (agency manual, special law, or procedural rules) to confirm MR/appeal deadlines.
File within time; if a required attachment (like the NoD) isn’t on hand, file anyway with an undertaking to supplement.
Track finality (note the lapse date or the date you receive MR denial).
Move for execution promptly once final, or follow the agency’s execution procedure.

FAQs

Q: The agency asked me to “present” my NoD at the window to process reinstatement. It’s been months. Did I “prescribe”? A: No. There’s no independent prescription for physically showing your NoD. But don’t delay execution or compliance steps that do have outer time limits. If your copy is lost, request an official duplicate and bring other proofs of receipt.

Q: My copy shows the decision date as March 1, but I received it March 28. Which date controls? A: March 28 (receipt) starts your MR/appeal clock—provided you can prove it.

Q: I filed my appeal on time but forgot to attach the NoD. Will my appeal be dismissed? A: Many forums allow curative compliance. Submit the NoD promptly with a motion to admit/supplement. What matters is that the appeal itself was filed within time.

Q: I never got the decision because the agency mailed it to the wrong address. A: If service was improper, the appeal period may not have begun. Gather evidence (e.g., wrong address on the envelope), then raise defective service as a threshold issue with your filing.

Key takeaways

No separate prescription exists for the mere presentment of a NoD.
All the real deadlines attach to actions you must take after receiving the decision (MR, appeal, petition for review, execution).
Receipt—and proof of it—runs the show. Safeguard your delivery evidence and file within the reglementary periods of the governing forum.

This guide is for general information on Philippine administrative practice. For specific cases, always apply the exact rules of the issuing agency or tribunal that released the decision you received.