RULE 43 Flashcards
(14 cards)
what is a quasi-judicial body
a quasi judicial agency or body has been defined as an organ of gov’t other than a court and other than a legislature, which affects the rights of private parties through adjudication or rule making
Among these agencies are the
1. Civil Service Commission,
2. Central Board of Assessment Appeals,
3. Securities and Exchange Commission,
4. Office of the President,
5. Land Registration Authority,
5. Social Security Commission,
6. Civil Aeronautics Board,
7. Bureau of Patents, Trademarks and Technology Transfer,
8. National Electrification Administration,
9. Energy Regulatory Board,
10. National Telecommunications Commission,
11. Department of Agrarian Reform under Republic Act No. 6657,
12. Government Service Insurance System,
13. Employees Compensation Commission,
14. Agricultural Invention Board, 15.Insurance Commission,
15. Philippine Atomic Energy Commission,
16. Board of Investments,
17. Construction Industry Arbitration Commission, and
18. voluntary arbitrators authorized by law.
What is the period to appeal under rule 43?
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
may the period of appeal under R43 be extended?
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 fifteen (15) days
How is an appeal taken under R43?
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.
Upon the filing of the petition, 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
May there be exemption for the payment of the docket and other lawful fees and deposit cost?
Exemption from payment of docketing and other lawful fees and the deposit for costs may be granted by the Court of Appeals upon a verified motion setting forth valid grounds therefor. 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
What are the contents of petition for review under R43?
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 referred to therein and other supporting papers; and (d) contain a sworn certification against forum shopping as provided in the last paragraph of section 2, Rule 42. The petition shall state the specific material dates showing that it was filed within the period fixed herein
What are the contents of the petition for review under rule 43
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, and proof of such service shall be filed with the Court of Appeals.
When can CA give due course to the petition for review under Rule 43?
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 records 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 of 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.
What is the effect of findings of fact by the court or agency on the CA
The findings of fact of the court or agency concerned, when supported by substantial evidence, shall be binding on the Court of Appeals.
When will there be transmittal of records to the case?
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.
will an appeal from quasi-judicial agencies to the CA stay an execution?
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.
when will the case be deemed submitted for decision?
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.
what are the actions that may be done by the CA if it gives due course to the petition
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.
