Rule 43 of ROC additional 15 days only within which to file the

Appeals from the Court of Tax Appeals and petition for review.
Quasi-judicial Agencies to the CA
No further extension shall be granted except for
Section 1. Scope the most compelling reason and in no case to
Apply to appeals from: exceed 15 days.
- judgments or final order of the
Court of Tax Appeals; and

- final orders or resolutions of or Rule 65 of ROC

authorized by quasi-judicial agency Certiorari, Prohibition and Mandamus
in the exercise of its quasi-judicial
functions. Section.1 Petition for certiorari
An aggrieved party may file a verified petition in
Among these agencies: the proper court:
A. Civil Service Commission;
B. Central Board of Assessment When any tribunal, board or officer
Appeals; exercising judicial or quasi- judicial
C. Civil Aeronautics Board; functions has acted:
D. Bureau of Patents;
E. Trademarks and Technology A. without or in in excess its or his
Transfer; jurisdiction; or
F. DAR under RA6657; B. With grave abuse of discretion
G. GSIS; amounting to lack or excess of
H. Employee’s Compensation jurisdiction.
Commission;
I. Agricultural Invention Board; And there is no appeal, or any plain,
J. Insurance Commission; speedy, and adequate remedy in
K. Philippine Atomic Energy the ordinary course of of law.
Commission;
L. Board of Investments;
M. Construction Industry Arbitration Alleging the facts with certainty and
Commission; and praying that judgment be rendered
N. Voluntary arbitrators (authorized by commanding respondent to desist
law) from further proceedings in the action
or matter specified therein;
Section 2. Cases not covered
SHALL NOT APPLY to judgments or final or otherwise granting such
orders issued under the Labor Code of the incidental reliefs as laws and justice
Philippines. may require.

Section 4. Period of Appeal Section 4. When and where petition filed

Shall be taken within 15 days from:
A. notice of award;
B. Judgment;
C. Final order or resolution; or
D. From the date of its last
publication (if publication is required
by law for its effectivity); or
E. Of the denial of petitioner’s motion
for new trial or reconsideration.
- Not later than 60 days from notice of judgment
or resolution.
- In case a MR or new trail is timely filed
(whether such motion is required or not), the 60
day period shall be counted from notice of the
denial of said motion.
- Shall be filed in:

Duly filed in accordance with the governing law > Supreme Court: If it relates to
of the court or agency aquo. the acts or omissions
of a lower court or of a corporation,
Only 1 MR shall be allowed. board, officer or person;

Upon proper motion and the payment of the full > RTC exercising jurisdiction over
amount of the docket fee before the the territorial area as defined by the
reglementary period, the CA may grant an SC;

> Court of Appeals ONLY: if it
involves the acts or omissions of a
quasi-judicial agency (unless
otherwise provided by law or these
Rules)
______________________________________
Transcription / Notes form the lectures of Atty.
Vincent Joseph Cesita
A. Section 24, RA 876
- Grounds to vacate (remove/ null and void)
the final award
- does not say these are the grounds to “reverse”
- We are not to ask the court to appreciate facts
- We are simply asking the court whether there
was partiality, bad faith to vacate the award
C. Their are instance that the Court of Appeals
(not RTC), somehow, to question the findings of
Facts by the CIAC
D. Arbitration under the Civil Code (Art. 2042-
2046
- Art. 2040.“The same persons who may enter
into a compromise may submit their
controversies to one or more arbitrators for
decision”.
- Civil Code: Took effect on August 30, 1950
(Lara vs. Del Rosario).
- Prior to Arbitration Law, there are already
provisions in the Civil Code pertaining to
arbitration.

- Second paragraph: - You must in possession of your civil

The court may direct new hearing either before
the same arbitrator or before a new arbitrators
(in the manner provided in the submission or
contract for the selection of the original arbitrator
or arbitrators)
- Arbitration is not something that the courts will
try to violate because they don’t have the right
to violate arbitration agreement or arbitration
awards.
- SC, most of the time will rely on the expertise
of the arbitrators.
- An award may be vacated when the
Arbitrator resolves issues that are not included
in the TOR; in excess of jurisdiction.
Atty: Something that is not indicated in the
TOR cannot be decided upon by the tribunal
even how equitable the award is.
B. Two institutions
The procedures are different
1. PDRCI
- Treated by the RTC under Section
24 of RA 876
2. CIAC
- Sec. 24 of RA 876 is
applicable.
- Applicable law is Rule 43 of
ROC / Petition for Review.
The CA has the prerogative to
review the facts.
capabilities.
General Rule:
- Any stipulation that the arbitrators’
award or decision shall be final is valid
(Art. 2044).
- Exception:
Art. 2038 - there is mistake, fraud,
violence, intimidation, undue influence,
or falsity of documents;
Art 2039 - discovery of documents (one
or more) but not to all of the questions
settled shall not itself be a cause for
annulment/rescission, unless said
documents been concealed by one of
the parties.
Note:
1. PDRCI and CIAC allow the re-
opening of the hearing even the
award is final. In judicial system,
equivalent to “New Trial on the bases
of newly discovered evidence”.
Allowed in both RAs 876 and 9285
Art 2045 - VOID and NO EFFECT: Any
clause giving of the parties power to
choose more arbitrators than the
other.
not
Note:
If it is to be resolved by a sole
arbitrator and the parties did not
indicate who will choose the
arbitrator, who is supposed to
choose the arbitrator?
- IBP
 Art. 2046. Appointment of arbitrators
and the procedure for arbitration shall
be governed by:
- provisions of such rules of
court as the SC shall
promulgate;
- The Special ADR Rules.

E. Kinds of Arbitration
Case: Benguet Corp vs. DENR
- RA876: Everything is voluntary
- nothing compulsory

F. Policy and Objective/s of Arbitration

Case: Korea Tech v Lerma
- There is arbitration clause between
parties;
- International arbitration;
- RTC is supposed to confirm a foreign
arbitral award before enforced (RA9285),

Atty: Rules of Evidence - Every

decision of a foreign court will have to
be recognized and enforced in the
Philippines (i.e. divorce)