Rule 43 -Appeals from the Court of Tax Appeals and Quasi-Judicial Agencies to the Court of Appeals Flashcards
What are the quasi-judicial agencies that were mentioned in rule 43?
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
What is meant by the term “voluntary arbitrators”?
These are appointed and accredited under the labor code pursuant to the provisions of republic act 876.
What are the issues that can be appealed under rule 43?
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.
What are the issues that cannot be raised on appeal under rule 43?
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.
What is the remedy for the decisions decided by the NLRC?
Petition for certiorari under rule 65.
When shall the appeal be taken?
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.
How is an appeal taken?
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.
What are the contents of the petition?
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
What are the contents of the comment?
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
rule 43 application
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
what is meant by voluntary arbitrators?
appointed and accredited under the labor code (ra 876)
resolutions, judgments, final orders, or resolutions
1) administrative function
2) quasi-judicial function
1) appealable under rule 43
2) appealable under the office of the president
except( decisions by the csc, voluntary arbitrators or the president.
1)decisions of the ombudsman in administrative disciplinary cases
2) cadastral cases in municipal trial courts (delegated authority)
1) appealable to the CA pursuant to rule 43
2) appealable to the CA under rule 41 not rule 43(bp 129 sec 34)
RUle 43 section 2
judgment or final orders under the labor code are not appealable to the CA
what are the questions raised in rule 43?
questions of fact, law, or mixed questions of fact and law
Period of appeal under this rule and the reckoning point?
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
what is required in order to avail the motion for extension
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
how appeal taken?
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
Is there a possibility of an exemption to pay docket fees?
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
content of the petition (same with petition for review)
-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
required to perform service, where to be furnished?
furnished to the officer or quasi-judicial agency which rendered the judgment
adverse party
consequence of not following the instructions
dismissal of the petition
What is required to avoid the consequence of dismissal?
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
Same with petition for review the court may
require the respondent to file a comment within 10 days not a motion to dismiss, 10 days from notice.
rule on the dismissal
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
requirement to give due course
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
content of the comment
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
give due course (same with the petition for review)
whether there is a comment or not
findings of fact supported by substantial evidence
will not be questioned by the CA, and binding upon the CA
substantial evidence meaning
relevant evidence which a reasonable mind might accept as adequate to justify a conclusion
transmittal is the same with rule 42
15 days , after receipt of notice that petition for review has been given due course
effect of appeal
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
submission for decision
submit memoranda within 15 days after notice from the petition being given due course
