CIRCULAR NO. 1-95
OF APPEALS, COURT OF TAX APPEALS, THE SOLICITOR GENERAL, THE GOVERNMENT
CORPORATE COUNSEL, ALL MEMBERS OF THE GOVERNMENT PROSECUTION SERVICE
ALL MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES
RULES GOVERNING APPEALS TO THE COURT OF APPEALS FROM JUDGMENTS OR FINAL
ORDERS OF THE COURT OF TAX APPEALS AND QUASI-JUDICIAL AGENCIES.
– These rules shall apply to appeals from judgments or final orders of
the Court of Tax Appeals and from awards, judgments, final orders or
of any quasi-judicial agency from which an appeal is authorized to be
to the Court of Appeals or the Supreme Court. Among these agencies are
the Securities and Exchange Commission, Land Registration Authority,
Security Commission, Civil Aeronautics Board, Bureau of Patents,
and Technology Transfer, National Electrification Administration,
Regulatory Board, National Telecommunications Commission, Department of
Agrarian Reform under Republic Act 6657, Government Service Insurance
Employees Compensation Commission, Agricultural Inventions Board,
Commission, Philippine Atomic Energy Commission, Board of Investments,
and Construction Industry Arbitration Commission.
covered. – These rules shall not apply to judgments or final orders
issued under the Labor Code of the Philippines, by the Central Board of
Assessment Appeals, and by other quasi-judicial agencies from which no
appeal to the courts is prescribed or allowed.
– An appeal under these rules may be taken to the Court of Appeals
the period and in the manner herein provided, whether the appeal
questions of fact, of law, or mixed questions of fact and law.
appeal. – The appeal shall be taken within fifteen (15) days from
of the award, judgment, final order or from the date of its last
if publication is required by law for its effectivity, or of the denial
of petitioner’s motion for new trial or reconsideration filed in due
after judgment. Only one (1) motion for reconsideration shall be
Upon proper motion and payment of the full amount of the docket fee
the expiration of the reglementary period, the Court of Appeals may
an additional period of fifteen (15) days only within which to file the
petition for review. No further extension shall be granted except for
most compelling reason and in no case to exceed another period of
taken. – Appeal shall be taken by filing a verified petition for
in seven (7) legible copies with the Court of Appeals, a copy of which
shall be served on the adverse party and on the court or agency a
Proof of service of the petition on the adverse party and on the court
or agency a quo shall be attached to the petition. The original
copy of the petition intended for the Court of Appeals shall be
as such by the petitioner.
for review, 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
for costs. Exemption from payment of docketing and other lawful fees
the deposit for costs may be granted by the Court of Appeals upon
motion setting forth the grounds relied upon. If the Court denies the
the petitioner shall pay the docketing and other lawful fees and
for costs within fifteen (15) days from notice of the denial.
the petition. – The petition for review shall (a) state the full
of the parties to the case, without impleading the lower courts or
either as petitioners or respondents; (b) contain a concise statement
the facts and issues involved and the grounds relied upon for the
(c) be accompanied by a clearly legible duplicate, original or a
true copy of the award, judgment, final order or resolution appealed
together with the certified true copies of such material portions of
record as are referred to therein and other supporting papers; and (d)
contain a sworn certification against forum shopping as provided in
Circular No. 28-91. The petition shall state the specific material
showing that it was filed within the period fixed herein.
failure to comply with requirements. – The failure of the
to comply with the foregoing requirements regarding the payment of the
docket and other lawful fees, the deposit for costs, proof of service
the petition, and the contents of and the documents which should
the petition shall be sufficient grounds for the dismissal thereof.
the petition. – The Court of Appeals may require the respondents to
file a comment on the petition, not a motion to dismiss, within ten
days from notice. The Court, however, may dismiss the petition if it
the same to be patently without merit, prosecuted manifestly for delay,
or that the questions raised therein are too unsubstantial to require
comment. – The comment shall be filed within ten (10) days from
in seven (7) legible copies and accompanied by clearly legible
true copies of such material portions of the record referred to therein
together with other supporting papers. The comment shall (a) point out
insufficiencies or inaccuracies in petitioner’s statement of facts and
issues; and (b) state the reasons why the petition should be denied or
dismissed. A copy thereof shall be served on the petitioner. If
comment is filed, the Court of Appeals shall act on the appeal on the
of the petition or the record.
– If upon the filing of the comment or such other pleadings or
as may be required or allowed by the Court of Appeals or upon the
of the period for the filing thereof, the Court finds prima facie
that the court, commission, board, office or agency concerned has
errors of fact or law that would warrant reversal or modification of
award, judgment, final order or resolution sought to be reviewed, it
give due course to the petition; otherwise, it shall dismiss the same.
The findings of fact of the court, commission, board office or agency
when supported by the substantial evidence, shall be final.
of record. – Within fifteen (15) days from notice that the petition
has been given due course, the Court of Appeals may require the court,
commission, board, office, or agency concerned to transmit the original
or a legible certified true copy of the entire record of the proceeding
under review. The record to be transmitted may be abridged by agreement
of all parties to the proceeding. The Court of Appeals may require or
subsequent correction of or addition to the record.
appeal. – The appeal shall not stay the award, judgment, final
or resolution sought to be reviewed unless the Court of Appeals shall
otherwise upon such terms as it may deem just.
for decision. – If the petition is given due course, the Court of
may set the case for oral argument or require the parties to submit
within a period of fifteen (15) days from notice. The case shall be
submitted for decision upon the filing of the last pleading or
required by these rules or by the Court itself.
clause. – Rules 43 and 44 of the Rules of Court are hereby repealed
and superseded by this Circular.
– This Circular shall be published in two (2) newspapers of general
and shall take effect on February 15, 1995.