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is the Philippines' second-highest judicial court, just after the Supreme Court.

The court consists of 68 Associate Justices and 1 Presiding Justice.

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 the Chairman 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) members next in precedence shall compose the senior members of the Divisions and the rest shall be junior members.

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 QuasiJudicial 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 SCRA 470). 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).

decisions and resolutions of the National Labor Relations Commission (NLRC) which are now initially reviewable by this court, instead of a direct recourse to the Supreme Court, via petition for certiorari under Rule 65 (St. Martin Funeral Homes v. NLRC, 295 SCRA 414)".

REPUBLIC ACT No. 7902 AN ACT EXPANDING THE JURISDICTION OF THE COURT OF APPEALS, AMENDING FOR THE PURPOSE SECTION NINE OF BATAS PAMBANSA BLG. 129, AS AMENDED, KNOWN AS THE JUDICIARY 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

EXCLUSIVE APPELLATE JURISDICTION over all final judgments, resolutions, orders or awards of RTCs and quasi-judicial agencies, instrumentalities, boards or commissions, 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(3rd par and par4(4)) The CA shall have the power to try cases and conduct hearings, receive evidence and perform any and all acts necessary 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 by the Chief Justice

A. EXCLUSIVE

1. Annulment of judgments of RTCs 2. Petitions under rule 65 involving an act or omission of a quasi-judicial agency

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 warranto b) actions brought to prevent or restrainvioloation of laws and combinations in restraint of trade 3) With SC, RTC and the Sandiganbayan a) petions under Rule 65 relating to an act or omission od a municipal trial court, or a corporation, board, officer or person; b) petitions for writ of amparo and habeas data

A. Ordinary appeal 1) from the RTC a) in its exercise of original jurisdiction b) on constitutional, tax, jurisdictional questions involving questions of facts which should be appealed first to the CA

c) penalty imposed is RP or Life Imprisonment d) from Family Courts e) from MeTC, MTC< MCTC and Land registration and Cadastral cases

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)

Ordinary appeal
in cases decided by the Regional Trial Court in the exercise of its original jurisdiction shall be taken by filing a notice of appeal with the court which rendered the judgment or final order appealed from and serving a copy thereof upon the adverse party;

Petition for review


The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for review in accordance with Rule 42 Appeal by certiorari. all cases
1.
where only questions of law are raised or involved, the appeal shall be to the Supreme Court by petition for review on certiorari in accordance with the Rule 45

No record on appeal shall be required except in special proceedings and other cases of multiple or separate appeals

notice of appeal 1. AS TO HIM: upon the


filing of the notice of appeal in due time

Record on appeal(ONLY

2. the court loses

jurisdiction over the case: upon the perfection of


the appeals filed in due time and the expiration of the time to appeal of the other parties

IN SPECIAL PROCEEDINGS) 1. AS TO HIM wrt SM: upon the approval of the record on appeal filed in due time.
2.

upon the approval of the records on appeal filed in due time and the expiration of the appeal of the other parties

WHAT IS COVERED -decision of the Regional Trial Court rendered in the exercise of its appellate jurisdiction

How appeal taken; time for filing. 1. verified petition for review 2. paying at the same time to the clerk docket and other lawful fees

Time for filing.


filed and served within fifteen (15) days from notice of the decision sought to be reviewed or of the denial of petitioner's motion for new trial or reconsideration filed in due time after judgment.

Form and contents. 1. state the full names of the parties 2. ndicate the specific material dates 3. statement of the matters involved, the issues raised, the specification of errors of fact or law, or both 4. accompanied by clearly legible duplicate originals or true copies of the judgments or final orders of both lower courts

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 petitioners motion for new trial or reconsideration duly filed in accordance with the governing law of the court or agency a quo.

Sec. 6. Contents of the petition.

by filing a verified petition for review in seven (7) legible copies with the Court of Appeals, with proof of service of a copy

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.

Questions of Law Questions of law, also termed legal questions, are the exclusive province of the judge. The judge decides what a law means and whether that law applies in a given case. An example would be a judge's decision on whether "entry" is required under a RPC provision on theft.

Questions of Fact In contrast to questions of law, questions of fact are issues in dispute independent of the law. Such questions typically go to the jury; if there's no jury, the judge may answer questions of fact as well. Following the example above, one question of fact would be whether a theft defendant actually went inside a dwelling.

Third mode: taken to the SC on purely questions of law from judgment or final order rendered in a civi action or special proceeding by the RTC in the exercise of its original jurisdiction; the appeal is taken via a petition for certiorari with the SC subject to the provisions of Rule 45

Rule 45 to the SC

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 remain as it was in the court of origin, but the party appealing the case shall be further referred to as the 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 respectively considered as their counsel and guardians ad litem in the Court of Appeals. When others appear or are appointed, notice thereof shall be served immediately on the adverse party and filed 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 may include in his assignment of errors any question of law or fact that has been raised in the court below and which is within the issues framed by the parties.

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