the court of appeals jurisdiction

8/13/2019 The Court of Appeals Jurisdiction

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is the Philippines'

second-highest

judicial court, just

after the Supreme

Court. The court

consists of 68

Associate Justicesand 1 Presiding

Justice.


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The members of the Court are classified into three(3) groups according to their seniority or

precedence. The Twenty-three most senior

members shall be the Chairmen of the Divisions

unless any them declines in writing to be theChairman of a Division, in which case the senior

member next-in-rank and willing shall be

designated by the Presiding Justice as Chairman

of said Division. The Twenty-three (23) membersnext in precedence shall compose the senior

members of the Divisions and the rest shall be

junior members.


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Under the Constitution, the Court of Appeals

(CA) "reviews not only the decisions and

orders of the Regional Trial Courts nationwide

but also those of the Court of Tax Appeals, as

well as the awards, judgments, final orders or

resolutions of, or authorized by 21 Quasi-Judicial Agencies exercising quasi-judicial

functions mentioned in Rule 43 of the 1997

Rules of Civil Procedure, plus the National

Amnesty Commission (Pres. Proclamation

No. 347 of 1994) and Office of the

Ombudsman (Fabian v. Desierto, 295 SCRA470). Under RA 9282, which elevated the

CTA to the same level of the CA, CTA En

banc decisions are now subject to review by

the Supreme Court instead of the CA (as

opposed to what is currently provided in

Section 1, Rule 43 of the Rules of Court).


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decisions and resolutions

of the National Labor

Relations Commission

(NLRC) which are nowinitially reviewable by this

court, instead of a direct

recourse to the Supreme

Court, via petition forcertiorari under Rule 65

(St. Martin Funeral Homes

v. NLRC, 295 SCRA 414)".


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REPUBLIC ACT No. 7902AN ACT EXPANDING THE JURISDICTION OF THE COURT OF APPEALS, AMENDING FOR THE

PURPOSE SECTION NINE OF BATAS PAMBANSA BLG. 129, AS AMENDED, KNOWN AS THEJUDICIARY REORGANIZATION ACT OF 1980

ORIGINAL JURISDICTION to issue writs of:

1) MANDAMUS, CERTIORARI, PROHIBITION,

and

2) Quo warranto

3) Auxiliary writs or processes, WON in aid of its

appellate jurisdiction

EXCLUSIVE JURISDICTION over actions for

ANNULMENT OF JUDGMENTS OF RTCs


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EXCLUSIVE APPELLATE JURISDICTION over all final

judgments, resolutions, orders or awards of RTCs and

quasi-judicial agencies, instrumentalities, boards orcommissions, including the SEC, the Social Security

Commission,Employees Compensation Commission and

the Civil Service Commission, EXCEPT those falling withing

the appellate jurisdiction of the Supreme Court in

accordance with the Constitution, the Labor Code(PD No

442 as amended) and the Judiciary Act of 1948(3rdpar and

par4(4))

The CA shall have the power to try cases and conduct

hearings, receive evidence and perform any and all actsnecessary to resolve FACTUAL ISSUES raised in cases

falling within its original and appellate jurisdiction, including

the power to grant and conduct new trials or appeals must

be continuous and must be completed within three(3)months b the Chief Justice


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A. EXCLUSIVE

1. Annulment ofjudgments ofRTCs

2. Petitions underrule 65 involvingan act or omission

of a quasi-judicialagency

B. CONCURRENT

1.With the SC

a) under Rule 65 against the CSC

b) xxx against the NLRC

2) With the SC and RTC

a) Petitions for Habeas Corpus

and quo warrantob) actions brought to prevent orrestrainvioloation of laws andcombinations in restraint of trade

3) With SC, RTC and theSandiganbayan

a) petions under Rule 65 relating

to an act or omission od amunicipal trial court, or acorporation, board, officer orperson;

b) petitions for writ of amparoand habeas data


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A. Ordinary appeal

1) from the RTC

a) in its exercise

of original jurisdictionb) on

constitutional, tax,jurisdictional

questions involvingquestions of factswhich should beappealed first to the

CA

c) penalty imposed isRP or Life Imprisonment

d) from Family Courts

e) from MeTC,MTC< MCTC andLand registration andCadastral cases


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1) from CSC

2) from RTC( in cases appealed from MTC

which are not a matter of right)

3) from a Quasi-judicial agency

4)from the Ombudsman( in administrative

disciplinary cases)


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Ordinary appeal in cases decided by the Regional Trial

Court in the exercise of its originaljurisdiction shall be taken by filing anotice of appeal with the court which

rendered the judgment or final orderappealed from and serving a copythereof upon the adverse party;

No record on appeal shall be required

except in special proceedings and othercases of multiple or separate appeals

Petition for review1. The appeal to the Court of

Appeals in cases decided bythe Regional Trial Court in the

exercise of its appellatejurisdiction shall be bypetition for review inaccordance with Rule 42

Appeal by certiorari. all cases

where only questions of law areraised or involved, the appeal shallbe to the Supreme Court by petitionfor review on certiorari inaccordance with the Rule 45


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notice of appeal

1. AS TO HIM: upon thefiling of the notice of appealin due time

2. the court losesjurisdiction over thecase: upon the perfection ofthe appeals filed in due time

and the expiration of the timeto appeal of the other parties

Record on appeal(ONLYIN SPECIALPROCEEDINGS)

1. AS TO HIM wrt SM:upon the approval ofthe record on appealfiled in due time.

2. upon the approval of therecords on appeal filed in duetime and the expiration of theappeal of the other parties


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WHAT IS COVERED

-decision of the

Regional Trial Court

rendered in the exerciseof its appellate

jurisdiction

How appeal taken;

time for filing.

1. verified petition for

review2. paying at the same

time to the clerk

docket and other

lawful fees


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Time for filing.filed and served within fifteen(15) days from notice of thedecision sought to be reviewedor of the denial of petitioner'smotion for new trial orreconsideration filed in duetime after judgment.

Form and contents.

1. state the full names ofthe parties

2. ndicate the specific

material dates3. statement of the mattersinvolved, the issuesraised, the specificationof errors of fact or law,or both

4. accompanied by clearlylegible duplicateoriginals or true copiesof the judgments or finalorders of both lower

courts


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The appeal shall betaken within fifteen

(15) days fromnotice of the award,

judgment, final orderor resolution, or

from the date of itslast publication, ifpublication is

required by law forits effectivity, or of

the denial ofpetitioners motion

for new trial orreconsideration dulyfiled in accordancewith the governinglaw of the court or

agency a quo.

by filing averified petition

for review inseven (7)

legible copieswith the Court

of Appeals,with proof ofservice of a

copy

Sec. 6. Contents of the petition.

The petition for review shall (a)state the full names of the

parties to the case, withoutimpleading the court or

agencies either as petitioners orrespondents; (b) contain a

concise statement of the facts

and issues involved and thegrounds relied upon for the

review; (c) be accompanied by aclearly legible duplicate original

or a certified true copy of theaward, judgment, final order or

resolution appealed from,together with certified true

copies of such material portionsof the record referred to thereinand other supporting papers;

and (d) contain a sworncertification against forumshopping as provided in the lastparagraph of section 2, Rule 42.

The petition shall state thespecific material dates showingthat it was filed within the period

fixed herein.


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Questions of Law

Questions of law, alsotermed legal questions,are the exclusive provinceof the judge. The judgedecides what a lawmeans and whether thatlaw applies in a givencase. An example wouldbe a judge's decision onwhether "entry" isrequired under a RPC

provision on theft.

Questions of Fact

In contrast to questions oflaw, questions of fact areissues in disputeindependent of the law.Such questions typicallygo to the jury; if there's nojury, the judge mayanswer questions of factas well. Following theexample above, onequestion of fact would be

whether a theft defendantactually went inside adwelling.


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Rule45 to

theSC

Third mode: takento the SC on purely

questions of law

from judgment orfinal orderrendered in a civiaction or special

proceeding by the

RTC in the exerciseof its originaljurisdiction; the

appeal is taken viaa petition for

certiorari with theSC subject to theprovisions of Rule

45


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Section 1. Title of cases.chanrobles virtual law library

In all cases appealed to the Court of Appeals under Rule 41, the title of the case shall remainas it was in the court of origin, but the party appealing the case shall be further referred to asthe appellant and the adverse party as the appellee. chan robles virtual law library

Sec. 2. Counsel and guardians.chanrobles virtual law library

The counsel and guardians ad litem of the parties in the court of origin shall be respectivelyconsidered as their counsel and guardians ad litem in the Court of Appeals. When othersappear or are appointed, notice thereof shall be served immediately on the adverse party andfiled with the court.Sec. 15. Questions that may be raised on appeal.chanrobles virtual law library

Whether or not the appellant has filed a motion for new trial in the court below, he mayinclude in his assignment of errors any question of law or fact that has been raised in the courtbelow and which is within the issues framed by the parties.

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