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:
PRESCRIBING THE RULES GOVERNING APPEALS TO THE COURT OF APPEALS FROM A
FINAL ORDER OR DECISION OF THE COURT OF TAX APPEALS AND QUASI-JUDICIAL
AGENCIES.
1. Scope.
– These rules shall apply to appeals from final orders or decision of
the
Court of Tax Appeals. They shall also apply to appeals from final
orders
or decisions of any quasi-judicial agency from which an appeal is now
allowed
by statute to the Court of Appeals or the Supreme Court. Among these
agencies
are the Securities and Exchange Commission, Land Registration
Authority,
Social Commission, Civil Aeronautics Board, Bureau of Patents,
Trademarks
and Technology Transfer, National Electrification Administration,
Energy
Regulatory Board, National Telecommunications Commission, Secretary of
Agrarian Reform and Special Agrarian Courts under RA 6657, Government
Service
Insurance System, Employees Compensation Commission, Agricultural
Inventions
Board, Insurance Commission and Philippine Atomic Energy Commission.cralaw:red
2. Cases not covered.
– These rules shall not apply to decisions and interlocutory orders of
the National Labor Relations Commission or the Secretary of Labor and
Employment
under the Labor Code of the Philippines, the Central Board of
Assessment
Appeals, and other quasi-judicial agencies from which no appeal to the
courts is prescribed or allowed by statute.cralaw:red
3. Who may appeal
and where to appeal.
– The appeal of a party affected by a
final
order, decision, or judgment of the Court of Tax Appeals or of a
quasi-judicial
agency shall be taken to the Court of Appeals within the period and in
the manner herein provided, whether the appeal involves questions of
fact
or of law or mixed questions of fact and law. From final judgments or
decision
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.cralaw:red
4. Period of appeal.
– The appeal shall be taken 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. One
[1] motion for reconsideration of said ruling, award, order, decision,
or judgment may be allowed, if the motion is denied, the movant may
appeal
during the remaining period for appeal reckoned from notice of the
resolution
of denial.cralaw:red
5. How appeal
taken. – Appeal shall be taken by filing a verified petition for
review
in six [6] 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 quo.
Proof of service of the petition on the adverse party and on the court
or agency a quo shall be attached to the petition.cralaw:red
6. Contents of
petition. – The petition for review shall contain a concise
statement
of the facts and issues involved and the grounds relied upon for the
review,
and shall be accompanied by a duplicate original or a certified true
copy
of the ruling , award, order, decision or judgment appealed from,
together
with certified true copies of such material portions of the record as
are
referred to therein and other supporting papers. The petition shall
state
the specific material dates showing that it was filed within the period
fixed herein.cralaw:red
7. Docketing and
other fees; exemption therefrom. – Upon filing the petition for
review,
the petitioner shall pay to the clerk of the Court of Appeals, the
docketing
and other prescribed fees. In case the appellant is a laborer, or
employee,
agricultural lessee or tenant, he may file a verified motion setting
forth
said fact and praying that he be exempted from payment of docketing and
other legal fees and the deposit for costs. If the court denies the
motion,
the appellant shall pay the docketing and other legal fees within
fifteen
[15] days from notice of the denial otherwise the appeal shall be
dismissed.cralaw:red
8.When
petition given due course. – The Court of Appeals shall give due
course
to the petition only when it shows prima facie that the court,
commission,
board, office or agency concerned has committed errors of fact or law
that
would warrant reversal or modification of the order, ruling or decision
sought to be reviewed. The findings of fact of the court, commission,
board,
office or agency concerned, when supported by substantial evidence,
shall
be final.cralaw:red
9.Deposit
for costs. – If the petition is given due course, the petitioner
shall
deposit with the Court of Appeals the sum of four hundred [P400.00]
for costs within three [3] days from notice by the Clerk of Court,
unless
a different period is fixed by the Court. Upon failure of petitioner to
make the deposit within the said period, the petition shall be
dismissed.cralaw:red
10.Answer
of respondent. – Within ten [10] days from notice that the petition
has been given due course, the respondent may file an answer to the
petition.
The answer shall be filed in six [6] legible copies and accompanied by
certified true copies of such material portions of the record referred
to therein together with other supporting papers. The answer shall [a]
point out insufficiencies or inaccuracies in the petitioner’s statement
of facts and issues; and [b] state the reason why the petition should
be
denied or dismissed. Copy thereof shall be served on the petitioner. If
no answer is filed, the Court of Appeals shall rendered judgment on the
basis of the petition.cralaw:red
11.Transmittal
of record. – Within fifteen [15] days from notice that the petition
has been given due course, the court, commission, board, office or
agency
concerned shall transmit to the Court of Appeals the origin or
certified
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 or
addition
to the record.cralaw:red
12.Effect
of appeal. – The appeal shall not stay the order, ruling or
decision
sought to be reviewed unless the Court of Appeals shall direct
otherwise
upon such terms as it may deem just. [Rules 43, 44].
13.Submission
for decision. – The case shall be deemed submitted for decision
upon
filing of the answer or expiration of the period to do so, unless the
Court
of Appeals sets the case for oral argument or requires the parties to
submit
memoranda.cralaw:red
14. Rules 43 and
44 of the Rules of Court are hereby repealed and superseded by this
Circular.cralaw:red
15. This Circular
shall take effect fifteen [15] days after its publication in a
newspaper
of general circulation.cralaw:red
For strict compliance.
February 27,
1991.
[Sgd.]
MARCELO
B. FERNANChief
Justice
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