Rule 43 -Appeals from the Court of Tax Appeals and Quasi-Judicial Agencies to the Court of Appeals

Question 1

What are the quasi-judicial agencies that were mentioned in rule 43?

Answer 1

1) civil service commission

2) central board of assessment appeals

3) Securities and exchange commission

4) office of the president

5) land registry authority

6) social security commission

7) Civil aeronautics board

8) bureau of patents

9) trademarks and technology transfer

10) National Electrification administration

11) Energy regulatory board

12) National Telecommunications Commission

13) Department of Agrarian Reform

14) Government Service Insurance System

15) Employees Compensation Commission

16) Agricultural Invention Board

17) Insurance Commission

18) Philippine Atomic Energy Commission

19) Board of Investments

20) Construction Industry Arbitration Commission

21) Voluntary arbitrators authorized by law

Question 2

What is meant by the term “voluntary arbitrators”?

Answer 2

These are appointed and accredited under the labor code pursuant to the provisions of republic act 876.

Question 3

What are the issues that can be appealed under rule 43?

Answer 3

The awards, judgments, final orders or resolutions of the aforesaid agencies that can be appealed to the CA are only those that are rendered by these agencies in the exercise of their quasi-judicial functions.

Question 4

What are the issues that cannot be raised on appeal under rule 43?

Answer 4

The awards, final orders or resolutions of the aforementioned agencies as are rendered in the exercise of their administrative functions may be, on the other hand, appealable to the Office of the President pursuant to the doctrine on exhaustion of remedies.

Question 5

What is the remedy for the decisions decided by the NLRC?

Answer 5

Petition for certiorari under rule 65.

Question 6

When shall the appeal be taken?

Answer 6

An appeal shall be taken within 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.

Question 7

How is an appeal taken?

Answer 7

Filing a verified petition for review in 7 eligible copies with the CA, with proof of service of a copy thereof on the adverse party and on the court or agency a quo.

Question 8

What are the contents of the petition?

Answer 8

a) full names of the parties to the case, without impleading the court or agencies either as petitioners or respondents.

b) contain a concise statement of the facts and issues involved and the grounds relied upon for the review

c) accompanied by a clearly legible duplicate original or a certified true copy of the award, judgment, final order or resolution appealed from, together with certified true copies of such material portions of the record referred to therein and other supporting papers;

d) sworn certification against forum shopping

e) specific material dates

Question 9

What are the contents of the comment?

Answer 9

a) point the insufficiencies or inaccuracies in petitioner’s statement of facts and issues

b) state the reasons why the petition should be denied or dismissed

Question 10

rule 43 application

Answer 10

applies to appeals from the judgment or final orders of CTA

from awards,judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions

Question 11

what is meant by voluntary arbitrators?

Answer 11

appointed and accredited under the labor code (ra 876)

Question 12

resolutions, judgments, final orders, or resolutions

1) administrative function
2) quasi-judicial function

Answer 12

1) appealable under rule 43
2) appealable under the office of the president

except( decisions by the csc, voluntary arbitrators or the president.

Question 13

1)decisions of the ombudsman in administrative disciplinary cases

2) cadastral cases in municipal trial courts (delegated authority)

Answer 13

1) appealable to the CA pursuant to rule 43

2) appealable to the CA under rule 41 not rule 43(bp 129 sec 34)

Question 14

RUle 43 section 2

Answer 14

judgment or final orders under the labor code are not appealable to the CA

Question 15

what are the questions raised in rule 43?

Answer 15

questions of fact, law, or mixed questions of fact and law

Question 16

Period of appeal under this rule and the reckoning point?

Answer 16

15 days from the receipt of the notice of
1) the final order,
2)judgment,
3)resolution, or
4)award or
5)from the date of its last publication (if publication is required by law for its effectivity
6) denial of motion for new trial or reconsideration pursuant to the rules of the court agency a quo

Question 17

what is required in order to avail the motion for extension

Answer 17

filing the appropriate motion, paying the docket and other lawful fees, deposit before the expiration of the reglementary period

same rule with petition for review

Question 18

how appeal taken?

Answer 18

file a petition for review under rule 43 in the CA

• pay the docket, lawful fees, and the deposit

-7 legible copies with the CA

-proof of service of a copy thereof on the adverse party and on the court a quo agency

Question 19

Is there a possibility of an exemption to pay docket fees?

Answer 19

Yes upon filing an adequate motion with sufficient grounds.

if denied, the petitioner need to pay the docket fees, lawful fees, and the deposit within 15 days from notice of the denial

Question 20

content of the petition (same with petition for review)

Answer 20

-state the full names of the parties without impleading the court or agency

• concise statement of facts and the issues involved, and the grounds relied upon for appeal
• legible duplicate original or a certified true copy of the award, judgment, final order, resolution together with certified true copies of the pleadings and other material portions
• certification of forum shopping

affidavit of service

Question 21

required to perform service, where to be furnished?

Answer 21

furnished to the officer or quasi-judicial agency which rendered the judgment

adverse party

Question 22

consequence of not following the instructions

Answer 22

dismissal of the petition

Question 23

What is required to avoid the consequence of dismissal?

Answer 23

1) proper content and full content
2) affidavit of service
3) certification of forum shopping
4) payment of docket fees, or other lawful fees, and deposit

Question 24

Same with petition for review the court may

Answer 24

require the respondent to file a comment within 10 days not a motion to dismiss, 10 days from notice.

Question 25

rule on the dismissal

Answer 25

dismiss it outright if the court finds that it was patently without merit, prosecuted manifestly for delay, the questions raised is too unsubstantial to be considered

Question 26

requirement to give due course

Answer 26

there must be prima facie merit that the agency a quo, or the officer exhibited an error of law or of fact that will warrant the reversal or modificaition

Question 27

content of the comment

Answer 27

1) point out the insufficiencies and inaccuracies
2) reason why they should not give it due course
3) affidavit of service

furnished to the adverse party and the court which rendered the decision

Question 28

give due course (same with the petition for review)

Answer 28

whether there is a comment or not

Question 29

findings of fact supported by substantial evidence

Answer 29

will not be questioned by the CA, and binding upon the CA

Question 30

substantial evidence meaning

Answer 30

relevant evidence which a reasonable mind might accept as adequate to justify a conclusion

Question 31

transmittal is the same with rule 42

Answer 31

15 days , after receipt of notice that petition for review has been given due course

Question 32

effect of appeal

Answer 32

unlike rule 42 the execution of judgment will not be stayed unless the CA directs otherwise (sec 12 rule 43)

in rule 42 execution of judgment is stayed

Question 33

submission for decision

Answer 33

submit memoranda within 15 days after notice from the petition being given due course