REVISED
ADMINISTRATIVE CIRCULAR NO. 1-95[REVISED
CIRCULAR NO. 1-91]
TO: COURT
OF APPEALS, COURT OF TAX APPEALS, THE SOLICITOR GENERAL, THE GOVERNMENT
CORPORATE COUNSEL, ALL MEMBERS OF THE GOVERNMENT PROSECUTION SERVICE
AND
ALL MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES
SUBJECT:
RULES GOVERNING APPEALS TO THE COURT OF APPEALS FROM JUDGMENTS OR FINAL
ORDERS OF THE COURT OF TAX APPEALS AND QUASI-JUDICIAL AGENCIES.
[1] Scope.
– These rules shall apply to appeals from judgments or final orders of
the Court of Tax Appeals and from awards, judgments, final orders or
resolutions
of or authorized by any quasi-judicial agency in the exercise of its
quasi-judicial
functions. Among these agencies are the Civil Service Commission,
Central
Board of Assessment Appeals, Securities and Exchange Commission, Land
Registration
Authority, Social Security Commission, Office of the President, Civil
Aeronautics
Board, Bureau of Patents, Trademarks and Technology Transfer, National
Electrification Administration, Energy Regulatory Board, National
Telecommunication
Commission, Department of Agrarian Reform under Republic Act 6657,
Government
Service Insurance System, Employees Compensation Commission,
Agricultural
Inventions Board, Insurance Commission, Philippine Atomic Energy
Commission,
Board of Investments, and Construction Industry Arbitration Commission.cralaw:red
[2] Cases Not
Covered. – These rules shall not apply to judgments or final orders
issued under the Labor Code of the Philippines.cralaw:red
[3] Where to Appeal.
– An appeal under these rules may be taken to the Court of Appeals
within
the period and in the manner herein provided, whether the appeal
involves
question of fact, of law, or mixed question of fact and law.cralaw:red
[4] Period
of Appeal. – 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 reglementary 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 another period
of fifteen [15] days.cralaw:red
[5] How Appeal
Taken. – 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.cralaw:red
Upon filing the petition
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 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
verified
motion setting forth valid grounds thereof. 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.cralaw:red
[6] Contents of
the Petition. – The petition for review shall (a) state the 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) be
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 as
are
referred to therein and other supporting papers; (d) state all the
specific
material dates showing that it was filed within the reglementary period
provided herein; and (e) contain a sworn certification against
forum-shopping
as required in Revised Circular No. 28-91.cralaw:red
[7] Effect of
Failure to Comply With Requirements. – The failure of the
petitioner
to comply with 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 grounds for the dismissal thereof.cralaw:red
[8] Action on
the Petition. – The Court of Appeals may require the respondent to
file a comment on the petition, not a motion to dismiss, within ten
[10]
days from notice. The Court, however, may dismiss the petition if it
finds
the same to be patently without merit, prosecuted manifestly for delay,
or that the questions raised therein are too unsubstantial to require
consideration.cralaw:red
[9] Contents of
Comment. – The comment shall be filed within ten [10] days from
notice
in seven [7] legible copies and accompanied by clearly legible
certified
true copies of such material portions of the record referred to therein
together with other supporting papers. The comment shall point out
insufficiencies
and inaccuracies in petitioner’s statement of facts and issue, and
state
the reasons why the petition should be denied or dismissed. A copy
thereof
shall be served on the petitioner, and proof of such service shall be
filed
with the Court of Appeals.cralaw:red
[10] Due Course.
– If upon the filing of the comment or such other pleadings
or documents
as may be required or allowed by the Court of Appeals or upon the
expiration
of the period for the filing thereof, and on the basis of the petition
or the record, the Court of Appeals finds prima facie that the
court
or agency concerned has committed errors of fact or law that would
warrant
reversal or modification or the award, judgment, final order or
resolution
sought to be reviewed, it may give due course to the petition;
otherwise,
it shall dismiss the same. The findings of fact of the court or agency
concerned, when supported by substantial evidence, shall be binding on
the Court of Appeals.cralaw:red
[11] Transmittal
of record. – Within fifteen [15] days from notice that the petition
has been given due course, the Court of Appeals may require the court
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 permit subsequent correction of or addition
to
the record.cralaw:red
[12] Effect of
appeal. – 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.cralaw:red
[13] Submission
for Decision. – If the petition is given due course, the Court of
Appeals
may set the case for oral argument or require the parties to submit
memoranda
within a period of fifteen [15] days from notice. The case shall
be deemed submitted for decision upon the filing of the last pleading
or
memorandum required by these rules or by the Court of Appeals.cralaw:red
[14] Transitory
Provisions. – All petitions for certiorari against the Civil
Service
Commission and the Central Board of Assessment Appeals filed and
pending
in the Supreme Court prior to the effectivity of this Revised
Administrative
Circular shall be treated as petitions for review hereunder and shall
be
transferred to the Court of Appeals for appropriate disposition.
Petitions
for certiorari against the aforesaid agencies which may be filed after
the effectivity hereof and up to June 30, 1995 shall likewise be
considered
as petitions for review and shall be referred to the Court of Appeals
for
the same purpose.cralaw:red
In both instances,
for purposes of the period of appeal contemplated in Section 4 hereof,
the date of receipt by the Court of Appeals of the petitions thus
transferred
or referred to it shall be considered as the date of the filing thereof
as petitions for review, and the Court of Appeals may require the
filing
of amended or supplemental pleadings and the submission of such further
documents or records as it may deem necessary in view of and consequent
to the change in the mode of appellate review.cralaw:red
[15] Repealing
Clause. – Rules 43 and 44 of the Rules of Court are hereby repealed
and superseded by this Circular.cralaw:red
[16] Effectivity.
– This Circular shall be published in two [2] newspapers of general
circulation
and shall take effect on June 1, 1995.
May 16,
1995.
[Sgd.]
ANDRES
R. NARVASAChief
Justice
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