ORDERS OF THE CSC

Q: What is the remedy of a party aggrieved by the decision of the COMELEC, COA and CSC?

A: A judgment, resolution or final order of the COMELEC and the COA may be brought by the aggrieved party to the SC on certiorari under Rule 65 by filing the petition within 30 days from notice (Sec. 2, Rule 64).

On the other hand, judgments, final orders or resolutions of the CSC may be taken to the CA under Rule 43 of the Rules of Court (Sec. 1, 3 Rule 43).

o. REVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF THE OMBUDSMAN

Q: Does the CA have jurisdiction to review the decisions in criminal and administrative cases of the Ombudsman?

A: It depends

1. In administrative disciplinary cases, the rulings of the Office of the Ombudsman are appealable to the CA under Rule 43. Note: The provision of Section 27 of RA 6770 (The

Ombudsman Act of 1987) insofar as it allowed a direct appeal to the Supreme Court was declared unconstitutional as it increased the appellate jurisdiction of the SC without the advice and concurrence of the Court (Fabian v. Deseirto, 356

SCRA 787).

2. In criminal cases, the ruling of the Ombudsman shall be elevated to the SC by way of Rule 65. Where the findings of the ombudsman on the existence of probable cause in criminal cases is tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, the aggrieved party may file a petition for certiorari with the SC under Rule 65 (Enemecio vs. Office of the Ombudsman, 419 SCRA 82)

Q: What is the remedy of a party aggrieved by the decision of the Sandiganbayan?

A: Decisions and final orders of the Sandiganbayan shall be appealable to the SC by way of certiorari under Rule 45 raising pure questions of law (Section 1, Rule 45).

p. REVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF THE NLRC

Q: What is the remedy of a party aggrieved by the decision of the NLRC?

A: The remedy is to promptly move for the reconsideration of the decision and if denied, to

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ACADEMICS CHAIR:LESTER JAY ALAN E.FLORES II

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timely file a special civil action of certiorari under Rule 65 within 60 days from notice of the decision. In observance of the doctrine of hierarchy of courts, the petition for certiorari should be filed in the CA (St. Martin Funeral Homes vs. NLRC, G.R. No. 130866, September 16, 1998). If filed with SC it shall be dismissed instead of referring the action to the CA (A.M. No. 99-2-01-SC).

Note: Those judgments and final orders or resolutions

of the Employees Compensation Commission should be brought to the CA through a petition for review under Rule 43.

q. REVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF QUASI- JUDICIAL AGENCIES

Q: What is a quasi-judicial agency?

A: An organ of the government other than a court and other than a legislature, which affects the rights of private parties through either adjudication or rule-making.

Q: What are the agencies included under Rule 43? A:

1. Civil Service Commission;

2. Central Board of Assessment Appeals; 3. Securities and Exchange Commission; 4. Office of the President;

5. Land Registration Authority; 6. Social Security Commission; 7. Civil Aeronautics Board;

8. Bureau of Patents, Trademarks and Technology Transfer;

9. National Electrification Administration; 10. Energy Regulatory Board;

11. National Telecommunications Commission;

12. Department of Agrarian Reform under R.A. 6657;

13. GSIS;

14. Employee Compensation Commission; 15. Agricultural Inventions Board; 16. Insurance Commission;

17. Philippine Atomic Energy Commission; 18. Board of Investments;

19. Construction Industry Arbitration Commission; and

20. Voluntary Arbitrators authorized by law (Sec. 1 Rule 43).

Note: The office of the Prosecutor is NOT a quasi-

judicial body and its action approving the filing of information is not appealable to the CA under Rule 43.

Q: Where should the judgments and final orders of quasi- judicial bodies be appealed?

A: Appeals from judgment and final orders of quasi- judicial bodies/ agencies enumerated in Rule 43 are now required to be brought to the CA under the requirements and conditions set forth in Rule 43 (Carpio v. Sulu Resource Dev. Corp., 387 SCRA 128). Q: What issues may be raised on appeal?

A: The appeal under Rule 43 may raise issues involving questions of fact, of law or mixed questions of fact and law (Section 3, Rule 43). Q: What are the contents of comment to the petition and when must it be filed?

A: The comment shall be filed within 10 days from notice in 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:

1. Point out the insufficiencies or inaccuracies in petitioner’s statement of facts and issues; and

2. State the reasons why the petition should be denied or dismissed. (Sec. 9 Rule 43) Note: The appellate court may also require the filing of

a reply, but further submissions are governed by the resolution in AM No. 99-2-04.

Q; What is the effect of the appeal on the award, judgment, final order or resolution?

A: The appeal shall not stay the award, judgment, final order or resolution sought to be reviewed unless the CA shall direct otherwise upon such terms as it may deem such (Section 12, Rule 43). Q: What is the remedy of a party aggrieved by the decision of a Quasi-judicial Agency?

A: Within 15 days from:

1. Notice of the award, judgment, final order or resolution; or

2. Date of publication, if publication is required by law for its effectivity; or 3. Denial of petitioner’s MNT or MR, the

aggrieved party must file a verified petition for review under rule 43 in 7 legible copies with the CA. Furnish a copy to the lower court and adverse party. The appeal may involve questions of fact, of law, or mixed questions of fact and law. Q: Is extension of time to file petition for review allowed?

A: Yes. Upon proper motion and the payment of the full amount of the docket fee before the expiration of the reglementary period, the CA may grant additional period of 15 days only within which to file a petition for review. No further extension shall be granted except for the most compelling reason and in no case to exceed 15 days. (Sec. 4, Rule 43) Q: Distinguish appeal from RTC as appellate court under Rule 42 and appeal from quasi-judicial agencies under Rule 43.

A:

RTC as Appellate Court (Rule

42)

Appeal from Quasi-judicial agencies

(Rule 43)

Decision is stayed by an

appeal.

GR: Decision is immediately executory. It is not stayed by an appeal

XPN: CA shall direct otherwise upon

such terms as it may deem just Factual

findings not conclusive to

CA.

Factual findings are conclusive upon CA if supported by substantial

evidence.

Q: Is Rule 43 applicable where the resolution was issued by a quasi-judicial agency with grave abuse of discretion?

A: No, Rule 43 is not applicable where the petition contains an allegation that the challenged resolution is patently illegal and was issued with grave abuse of discretion and beyond respondent’s jurisdiction. The appropriate remedy is Rule 65 on certiorari.

Q: When is the withdrawal of an appeal a matter of right?

A: As a matter of right, appellant may withdraw his appeal at any time before the filing of the appellee’s brief. Thereafter, it is in the discretion of the court.