SUPREME COURT DECISIONS

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Endnotes:


1 I Records, pp. 83-84.

2 Id., at 129.

3 II Records, pp. 36-37.

4 Rollo, pp. 32-33.

5 (a) Republic Act No. 5434 reads:

Section 1. Appeals from specified agencies.-- Any provision of existing law or Rules of Court to the contrary notwithstanding, parties aggrieved by a final ruling, award, order, decision, or judgment of the Court of Agrarian Relations; the Secretary of Labor under Section 7 of Republic Act Numbered six hundred and two, also known as the Minimum Wage Law; the Department of Labor under Section 23 of Republic Act Numbered eight hundred seventy-five, also known as the Industrial Peace Act; the Land Registration Commission; the Securities and Exchange Commission; the Social Security Commission; the Civil Aeronautics Board; the Patent Office and the Agricultural Inventions Board, may appeal therefrom to the Court of Appeals, within the period and in the manner herein provided, whether the appeal involves questions of fact, mixed questions of fact and law, or questions of law. Or all three kinds of questions. From final judgments or decisions of the Court of Appeals, the aggrieved party may appeal by certiorari to the Supreme Court as provided in Rule 45 of the Rules of Court.

Sec. 2. Appeals to Court of Appeals.-- Appeals to the Court of Appeals shall be filed within fifteen (15) days from notice of the ruling, award, order, decision or judgment or from the date of its last publication, if publication is required by law for its effectivity; or in case a motion for reconsideration is filed within that period of fifteen (15) days, then within ten (10) days from notice or publication, when required by law, of the resolution denying the motion for reconsideration. No more than one motion for reconsideration shall be allowed any party. If no appeal is filed within the periods herein fixed, the ruling, award, order, decision or judgment shall become final and may be executed as provided by existing law.

Sec. 3. How appeals taken.-- Appeals shall be taken by filing a notice of appeal with the Court of Appeals and with the court, officer, board, commission or agency that made or rendered the ruling, award, order, decision or judgment appealed from, serving a copy thereof on all other interested parties. The notice of appeal shall state, under oath, the material dates to show that it was filed within the period fixed in this Act.

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(b) Section 22 of the Interim Rules and Guidelines of Batas Pambansa Blg. 129 reads:

22. Appellate procedure in the Intermediate Apellate Court.-

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Appeals from Quasi-Judicial Bodies.-- The appeals to the Intermediate Appellate Court from quasi-judicial bodies shall continue to be governed by the provisions of Republic Act No. 5434 insofar as the same is not inconsistent with the provisions of B.P. Blg. 129.

6 Azores v. Securities and Exchange Commission, 252 SCRA 387 [1996].

7 Rollo, pp. 30-32.

8 IV Tolentino, Civil Code of the Philippines, citing 8 Manresa 401, 1986, p. 366.

9 IV Tolentino, Civil Code of the Philippines, 1986, p. 371.

10 163 SCRA 587 (1988).

11 Id., at 594.




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