C.

PETITION FOR REVIEW UNDER RULE 43 OF

RULES OF COURT

Presented by: Aminola, Shahamie D.

 Petition for review as mode of appeal
• Petition for Review is a mode of Appeal from the decisions or
final orders of quasi-judicial agencies exercising quasi-judicial
functions filed with the Court of Appeals pursuant to Section
9 of B.P. 129 and Rule 43 of the Revised Rules of Court.

• Section 1. Scope. — This Rule shall apply to appeals from

judgments or final orders of the Court of Tax Appeals and
from awards, judgments, final orders or resolutions of or
authorized by any quasi-judicial agency in the exercise of its
quasi-judicial functions.
Among these agencies are:
• National Telecommunications
• Civil Service Commission; Commission,
• • Department of Agrarian Reform
Central Board of Assessment Appeals,
under Republic Act No. 6657,
• Securities and Exchange Commission,
• Government Service Insurance
• Office of the President,
System,
• Land Registration Authority, • Employees Compensation
• Social Security Commission, Commission,
• Civil Aeronautics Board, • Agricultural Invention Board,
• Bureau of Patents, • Insurance Commission,
• Trademarks and Technology Transfer, • Philippine Atomic Energy
• National Electrification Commission,
Administration, • Board of Investments,
• Energy Regulatory Board, • Construction Industry Arbitration
Commission, and
• voluntary arbitrators authorized by
law. (n)
• Decisions of the Commission on Election and the Commission
on Audit are excluded from the coverage of Rule 43, whose
decisions may be questioned by means of a petition for
certiorari under Rules 64 and 65 of the Rules of Court filed
with the Supreme Court within thirty (30) days from notice
thereof.
Where to appeal, exhaustion of remedies required

• Section 3. Where to appeal. — An appeal under this Rule 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.
(n)
– Appeal by petition for review pursuant to Rule 43 requires that the
petitioner has exhausted all administrative remedies and that a final
decision has been rendered by the administrative body in the exercise
of its quasi-judicial functions.
• The petition for review to the Court of Appeals may questions
of fact, of law, or mixed questions of facts and law.

– QUESTION OF FACTS - There is a question of fact when the doubt or

difference arises as to the truth or falsehood of the alleged facts; or
when the query necessarily invited calibration of the whole evidence
considering mainly the credibility of witnesses, existence and
relevancy of specific surrounding circumstances, their relation to each
other and to the whole and the probabilities of the situation.
– QUESTION of LAW – There is a question of law when there is doubt or
difference of opinion as to what the law is on a certain state of facts
and which does not call for examination of the probative value of the
evidence presented by the parties.
Petition for review and petition for certiorari distinguished.

• Petition for review under Rules 43 of the Rules of Court is an

ordinary appeal from a final order or decision of a quasi-
judicial body to the Court of Appeals, filed by an aggrieved
party after exhausting administrative remedies within
fifteen(15) days from receipt of sad decision or resolution
denying a motion for reconsideration, on question of fact, of
law, or mixed questions of fact and law.
• A petition for certiorari under Rules 65 of the Rules of Court
is a special civil action, seeking to nullify or modify an order or
resolution of an administrative bod exercising judicial or
quasi-judicial functions,

– which acted without or in excess of jurisdiction or with grave abuse of

discretion amounting to lack of jurisdiction and
– there is no appeal, or any plain, speedy, and adequate remedy in the
ordinary course of law,
– filed within sixty (60) days from receipt of the questioned judgment,
order, or resolution by an aggrieved party with the SC, or CA or the
RTC, as the Rules of Court or the applicable law provides.
 – He may only raise question of law and errors of jurisdiction but not
errors of judgment or question of facts,
– EXCEPT, where he can show that his case falls under any of the
exceptions which warrants review of facts.

• A “writ of certiorari” is an extraordinary remedy and that

certiorari jurisdiction is not to be equated with appellate
jurisdiction.
 Period of Appeal
• Section 4. Period of appeal. — 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. Only one (1) motion for reconsideration shall be
allowed. 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. (n)
 How appeal taken
• Section 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,
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. 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. (n)
 Contents of Petition
• Section 6. Contents of the petition. — 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. (2a)
• Appeal shall be taken by filling
– A verification for review in seven (7) legible copies
with the CA within fifteen (15) days from notice of
the judgment or final order or of denial of a
motion for new trial or reconsideration.
– Only one motion for reconsideration shall be
allowed.
 Certification against forum shopping
• The sworn certification against forum shopping should state
that petitioner has not therefore commenced any other
action involving the same issues in the SC, CA, or different
divisions thereof, or any other tribunal or agency.

– The certification should be executed by the petitioner himself and not

by his counsel, the latter’s signing it not being sufficient.
Effect of Failure to comply with requirements

• Section 7. Effect of failure to comply with requirements. —

The failure of the petitioner to comply with any of 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 ground for
the dismissal thereof. (n)

– Substantial compliance with the requirements is sufficient.