ADMINISTRATIVE CIRCULAR NO. 1-95 December 15, 1995




ADMINISTRATIVE CIRCULAR NO. 1-95 December 15, 1995 (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 any quasi-judicial agency from which an appeal is authorized to be taken to the Court of Appeals or the Supreme Court. Among these agencies are the Securities and Exchange Commission, Land Registration Authority, Social Security Commission, 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. 2. CASES NOT COVERED. — These rules shall not apply to judgments or final orders issued under the Labor Code of the Philippines, by the Central Board of Assessment Appeals, and by other quasi-judicial agencies from which no appeal to the court is prescribed or allowed. 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 questions of fact, of law, or mixed questions of fact and law. 4. PERIOD OF APPEAL. — The appeal shall be taken within fifteen (15) days from notice of the award, judgment, final order 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 filed in due time after judgment. Only one (1) motion for reconsideration shall be allowed. Upon proper motion and the payment of the full a mount 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. 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, 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. The original copy of the petition intended for the Court of Appeals shall be indicated as such by the petitioner. 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 the grounds relied upon. If the Court denies the motion, the petitioner shall pay the docketing and other lawful fees and deposit for cost within fifteen (15) days from notice of the denial. 6. CONTENTS OF THE PETITION. — The petition for review shall (a) state the full names of the parties to the case, without impleading the lower courts 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 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; and (d) contain a sworn certification against forum shopping as provided in Revised Circular No. 28-91. The petition shall state the specific material dates showing that it was filed within the period fixed herein. 7. EFFECT OF FAILURE TO COMPLY WITH REQUIREMENTS. — The failure of the petitioner to comply with the 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. 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. 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 (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. If no comment is filed, the Court of Appeals shall act on the appeal on the basis of the petition or the record. 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 period for the filing thereof, the court finds 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 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, commission, board, office or agency concerned, when supported by substantial evidence, shall be final. 11. TRANSMITTAL OF RECORD. — Within fifteen (15) days from notice that the petition has been given due course, the Court of Appeals may re-quire the court, commission, board, office, 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. 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. 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 itself. 14. REPEALING CLAUSE. — Rules 43 and 44 of the Rules of Court are hereby repealed and superseded by this Circular. 15. EFFECTIVITY. — This Circular shall be published in two (2) newspapers of general circulation and shall take effect on February 15, 1995. December 15, 1995 (Sgd.) ANDRES R. NARVASA Chief Justice The Lawphil Project - Arellano Law Foundation