Rule 43 Flashcards
What is the scope of rule 43?
Rule 43 shall apply to appeals from judgments or final orders of the CTA and from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial functions. (Sec. 1, Rule 43)
QUASI-JUDICIAL AGENCIES WHERE RULE 43 APPLY:
Civil Service Commission;
Central Board of Assessment Appeals; Securities and Exchange Commission; Office of the President; Land Registration Authority; Social Security Commission; Civil Aeronautics Board; Bureau of Patents; Trademarks and Technology Transfer; National Electrification Administration; Energy Regulatory Board; National Telecommunications Commission; Department of Agrarian Reform under Republic Act No. 6657; Government Service Insurance System; Employees Compensation Commission; Agricultural Invention Board; Insurance Commission; Philippine Atomic Energy Commission; Board of Investments; Const '
WHEN RULE 43 DOES NOT APPLY:
- Rule 43 does not apply to judgments or final orders issued under the Labor Code of the Philippines. (Sec. 2, Rule 43)
review of the decision of the NLRC
The remedy of a party aggrieved by the decision of the NLRC is to promptly move for the reconsideration of the decision and if denied, to timely file a special civil action for certiorari under Rule 65 within 60 days from notice of decision. In observance of the doctrine of hierarchy of courts, the petition for certiorari should be filed with the CA.
REVIEW OF DECISIONS OF VOLUNTARY ARBITRATORS IN LABOR CASES:
- Decisions of voluntary arbitrators issued pursuant to the Labor Code do not come within the ambit of Sec. 2, Rule 43. A petition for review under Rule 43 is the proper remedy “just like those of the quasi-judicial agencies, boards and commissions enumerated therein, and consistent with the original purpose to provide a uniform procedure for the appellate review of adjudications of all quasi-judicial entities. (Royal Plant Workers Union vs. Coca-Cola Bottlers Phil. - Cebu, GR no. 198783, April 15, 2013)
APPEALS FROM THE SANDIGANBAYAN:
Decisions and final orders of the Sandiganbayan shall be appealable to the SC by petition for review on certiorari raising pure questions of law in accordance with Rule 45 of the ROC. Whenever, in any case decided by the Sandiganbayan, the penalty of reclusion perpetua, life imprisonment or death is imposed, the decision shall be appealable to the Supreme Court in the manner prescribed in the ROC. (Sec. 7, RA 8249)
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REVIEW OF THE RULINGS OF THE OMBUDSMAN:
a. In Administrative Cases: Appeals from decisions of the Ombudsman in administrative disciplinary actions should be brought to the CA under Rule 43. (Enemecio vs. Office of the Ombudsman, 419 SCRA 82)
b. In Criminal Cases: The ruling of the Ombudsman shall be elevated to the SC by way of Rule 65
APPEALS FROM JUDGMENT OF THE COURT OF TAX APPEAL
A party adversely affected by a resolution of a Division of the CTA on a motion for reconsideration or new trial may file a petition for review with the CTA En Banc (Sec. 11, RA 9282)
WHERE TO APPEAL under rule 43:
An appeal under this Rule may be taken to the Court of Appeals within the period and in the manner herein provided, whether the appeal involves questions of fact, of law, or mixed questions of fact and law. (Sec. 3, Rule 43)
Period of appeal under rule 43
The appeal shall be taken within fifteen (15) days from notice of the award, judgment, final order or resolution, or from the date of its last publication, if publication is required by law for
its effectivity, or of the denial of petitioner’s motion for new trial or reconsideration duly filed in accordance with the governing law of the court or agency a quo. Only one (1) motion for
reconsideration shall be allowed. Upon proper motion and the payment of the full amount of the docket fee before the expiration of the reg lamentation period, the Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for review.
No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days. (Sec. 4, Rule 43)
HOW APPEAL TAKEN under rule 43:
Appeal shall be taken by filing a verified petition
for review in seven (7) legible copies with the
Court of Appeals, with proof of service of a
copy thereof on the adverse party and on the
court or agency a quo. The original copy of the
petition intended for the Court of Appeals shall
be indicated as such by the petitioner. Upon
the filing of the petition, the petitioner shall pay
to the clerk of court of the Court of Appeals the
docketing and other lawful fees and deposit the
sum of P500.00 for costs. Exemption from
payment of docketing and other lawful fees and
the deposit for costs may be granted by the
Court of Appeals upon a verified motion setting
forth valid grounds therefor. If the Court of
Appeals denies the motion, the petitioner shall
pay the docketing and other lawful fees and
deposit for costs within fifteen (15) days from
notice of the denial. (Sec. 5, Rule 43)
Effect of failure to comply with requirement
The failure of the petitioner to comply with any
of the foregoing requirements regarding the
payment of the docket and other lawful fees,
the deposit for costs, proof of service of the
petition, and the contents of and the
documents which should accompany the
petition shall be sufficient ground for the
dismissal thereof. (Sec. 7, Rule 43)
EFFECT OF APPEAL under rule 43:
The appeal shall not stay the award, judgment,
final order or resolution sought to be reviewed
unless the Court of Appeals shall direct
otherwise upon such terms as it may deem just.
(Sec.12, Rule 43)
