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CHAPTER 11
APPEALS
PR
53. ORDINARY
APPEAL – The decisions, orders, or ruling of
the Board of Stewards shall be immediately executory. They shall become final unless an
appeal is made to the PHILRACOM within seventy-two
(72) hours from knowledge or receipt of such decisions, orders or rulings.
No
request or motion for reconsideration by the aggrieved party shall be
entertained by the Board of Stewards.
Such request or motion, if timely filed by the aggrieved party with
the Board of Stewards, shall be immediately forwarded to the PHILRACOM who
shall treat such request or motion as notice of appeal.(Amended by Resolution
dated August 23, 2002)
1. HOW AN ORDINARY APPEAL MAY BE TAKEN
– An appeal from the decisions, orders or rulings of the Board of
Stewards shall be filed with the PHILRACOM through a petition for review
within seventy-two (72) hours from knowledge or receipt of such decisions,
orders or rulings. The petition
shall contain concise statement of facts and of the issue or issues involved
and such other grounds relied upon by the appealing party. The petition shall not be accepted
unless an appeal fee in the amount of Five Hundred Pesos (P500.00) shall have
been first paid to the PHILRACOM.
The
PHILRACOM may stay the execution of the decision, orders, or rulings of the
Board of Stewards, upon petition filed by the appealing party, if warranted
under the premises. Provided further, that any decision, orders, rulings of
the Board of Stewards with penalty/suspension of more than two (2) weeks
shall immediately be executory. Penalty/suspension
of two (2) weeks or less if appealed, shall be stayed until such decision of
the PHILRACOM has been rendered.(Amended by Resolution dated August 23, 2002)
2. DISMISSAL OF AN ORDINARY APPEAL –
An ordinary appeal may be dismissed by the PHILRACOM for any of the following
reasons :
a. for
the non-appearance of the petitioner (appellant) at any of the scheduled hearings on appeal;
b. if
the appeal taken is patently frivolous or dilatory in nature or purpose;
c. if
the appeal is withdrawn;
d. for
such other cases as the PHILRACOM
may determine sufficient to warrant the dismissal.
3. EFFECT OF DISMISSAL OR DENIAL – Upon the dismissal
of the appeal or the denial of the petition for review, the decision,
order or ruling of the Board of Stewards in controversy shall be
considered affirmed and rendered
immediately executory.
If
the dismissal is based upon a finding that the appeal taken was patently
frivolous or dilatory in nature, the PHILRACOM may , in its discretion, increase the penalty imposed upon him
by the Board of Stewards.
PR
54. CHALLENGE
PROHIBITED SUBSTANCE –
The owner / trainer / authorized representative of horses found to have been
administered with prohibited substances may challenge the results within
seventy two (72) hours after notice by the Racing Club concerned. He must file with the Racing Club
concerned a written notice of the challenge, pay a challenge fee of P10,000.00 and deposit the amount of P60,000.00 corresponding to the fine to
be imposed. The Philracom
Accredited Drug Testing Laboratory shall be given seven (7) working days to
schedule and conduct the challenge. Failure of Philracom Accredited Drug Testing Laboratory to schedule
and conduct the challenge within the period shall result in a decision for
the challenger.
PR 55. EFFECT
OF CHALLENGE –
The filing of a written challenge shall not stay the penalties and/or
suspension imposed.
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