REPUBLIC ACT No. 5434
AN ACT TO PROVIDE A UNIFORM PROCEDURE FOR APPEALS FROM THE COURT OF AGRARIAN RELATIONS, THE SECRETARY OF LABOR UNDER SECTION 7 OF REPUBLIC ACT NUMBERED SIX HUNDRED TWO, ALSO KNOWN AS "THE MINIMUM WAGE LAW", THE DEPARTMENT OF LABOR UNDER SECTION 23 OF REPUBLIC ACT NUMBERED EIGHT HUNDRED SEVENTY-FIVE, ALSO KNOWN AS "THE INDUSTRIAL PEACE ACT", THE LAND REGISTRATION COMMISSION, THE SECURITIES AND EXCHANGE COMMISSION, THE SOCIAL SECURITY COMMISSION, THE CIVIL AERONAUTICS BOARD, THE PATENT OFFICE, AND THE AGRICULTURAL INVENTIONS BOARD, AND FOR OTHER PURPOSES.
Section 1. Appeals from specified agencies. Any provision of existing law or Rule of Court to the contrary notwithstanding, parties aggrieved by a final ruling, award, order, decision, or judgment of the Court of Agrarian Relations; the Secretary of Labor under Section 7 of Republic Act Numbered Six hundred and two, also known as the "Minimum Wage Law"; the Department of Labor under Section 23 of Republic Act Numbered Eight hundred seventy-five, also known as the "Industrial Peace Act"; the Land Registration Commission;...
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Republic Acts
AN ACT TO PROVIDE A UNIFORM PROCEDURE FOR APPEALS FROM THE COURT OF AGRARIAN RELATIONS
Republic Act No. 5434
Summary of Republic Act No. 5434
Appeals from Specified Agencies
- Parties aggrieved by final rulings, awards, orders, decisions, or judgments from the following agencies may appeal to the Court of Appeals:
• Court of Agrarian Relations (Section 1)
• Secretary of Labor under Section 7 of Republic Act No. 602 ("Minimum Wage Law") (Section 1)
• Department of Labor under Section 23 of Republic Act No. 875 ("Industrial Peace Act") (Section 1)
• Land Registration Commission (Section 1)
• Securities and Exchange Commission (Section 1)
• Social Security Commission (Section 1)
• Civil Aeronautics Board (Section 1)
• Patent Office (Section 1)
• Agricultural Inventions Board (Section 1)
- Appeals may involve questions of fact, mixed questions of fact and law, or questions of law, or all three kinds of questions. (Section 1)
- From final judgments or decisions of the Court of Appeals, the aggrieved party may appeal by certiorari to the Supreme Court as provided in Rule 45 of the Rules of Court. (Section 1)
Appeals to Court of Appeals
- Appeals to the Court of Appeals shall be filed within 15 days from notice of the ruling, award, order, decision or judgment, or from the date of its last publication, if publication is required by law for its effectivity. (Section 2)
- If a motion for reconsideration is filed within the 15-day period, then the appeal shall be filed within 10 days from notice or publication, when required by law, of the resolution denying the motion for reconsideration. (Section 2)
- No more than one motion for reconsideration shall be allowed any party. (Section 2)
- If no appeal is filed within the periods fixed, the ruling, award, order, decision or judgment shall become final and may be executed as provided by existing law. (Section 2)
How Appeals Taken
- Appeals shall be taken by filing a notice of appeal with the Court of Appeals and with the court, officer, board, award, order, decision or judgment appealed from, serving a copy thereof on all other interested parties. (Section 3)
- The notice of appeal shall state, under oath, the material dates to show that it was filed within the period fixed in this Act. (Section 3)
Docketing Fee and Deposits for Costs
- Upon filing of the notice of appeal, the appellant shall pay to the Clerk of the Court of Appeals the docketing fee fixed in Rule 141, Section 2 (a) of the Rules of Court and deposit the sum of fifty pesos (P50.00) for costs. (Section 4)
- If the appellant is a laborer, employee, agricultural lessee, or tenant, they may file a motion under oath to be exempted from payment of docketing fee and the deposit for costs. (Section 4)
- If the court denies the motion for exemption, the appellant shall pay the docketing fee and make the deposit for costs within 15 days from notice of the denial. (Section 4)
- Failure to pay the docketing fee and make the deposit for costs within the period fixed shall be a ground to dismiss the appeal. (Section 4)
Effect of Appeal
- Appeal shall not stay (suspend) the award, order, ruling, decision or judgment unless the officer or body rendering the same or the court, on motion, after hearing, and on such terms as it may deem just, should provide otherwise. (Section 5)
- The propriety of a stay granted by the officer or body rendering the award, order, ruling decision or judgment may be raised only by motion in the main case. (Section 5)
Elevation of Record
- Within 5 days from the payment of the docket fee and deposit for costs, the Clerk of the Court of Appeals shall notify the clerk of court, commission, board, or office concerned to forward the record of the case. (Section 6)
- Within 5 days from receipt of such notice, the latter shall comply by forwarding the whole original record of the case or a certified true copy of the whole record to the Court of Appeals. (Section 6)
- Failure to elevate the record within the period fixed shall be dealt with as for contempt of Court. (Section 6)
Appellate Procedure; Briefs
- Until the Supreme Court provides otherwise by Rule of Court, appeals shall proceed as provided by Rules 46 to 55 of the Rules of Court, insofar as applicable, with the following modifications: (Section 7)
• The appellant's brief shall be served and filed within 30 days from the date that he is notified that the record has been received by the Court of Appeals, and shall contain, as an appendix, the ruling, order, award, decision or judgment appealed from; the appellee's brief shall be served and filed within 30 days from receipt of the appellant's brief; and the appellant's reply brief, within 15 days from receipt of the appellee's brief. (Section 7(a))
• The Court of Appeals may extend the periods above fixed only for good cause; and the total extension granted any party shall not, except in meritorious cases, be greater than the original period above fixed. (Section 7(b))
• Where the appellant has been exempted from paying the docket fee or making the deposit for costs, or when the appellee is an employee, laborer or tenant, he shall be allowed to file his briefs in typewritten or mimeographed form. (Section 7(c))
Repealing Clause
- The Act repeals, amends, or modifies certain sections of the following laws and rules to conform with the provisions of this Act: (Section 8)
• Section 12 of Republic Act No. 1267, as amended
• Section 7 of Republic Act No. 602, as amended
• Section 23 of Republic Act No. 875
• Section 36 of Commonwealth Act No. 83, as amended
• Section 5 of Republic Act No. 1161, as amended
• Section 4 of Republic Act No. 1151
• Sections 48 and 49 of Republic Act No. 776
• Sections 63, 64 and 65 of Republic Act No. 165, as amended
• Section 2 of Republic Act No. 1287
• Section 33 of Republic Act No. 166
• All other laws, rules and regulations, or Rules of Court, or parts thereof, that are inconsistent with the provisions of this Act
Effectivity
- This Act shall take effect upon its approval. (Section 9)
- Approved: September 9, 1968. (Section 9)
Appeals from Specified Agencies
- Parties aggrieved by final rulings, awards, orders, decisions, or judgments from the following agencies may appeal to the Court of Appeals:
• Court of Agrarian Relations (Section 1)
• Secretary of Labor under Section 7 of Republic Act No. 602 ("Minimum Wage Law") (Section 1)
• Department of Labor under Section 23 of Republic Act No. 875 ("Industrial Peace Act") (Section 1)
• Land Registration Commission (Section 1)
• Securities and Exchange Commission (Section 1)
• Social Security Commission (Section 1)
• Civil Aeronautics Board (Section 1)
• Patent Office (Section 1)
• Agricultural Inventions Board (Section 1)
- Appeals may involve questions of fact, mixed questions of fact and law, or questions of law, or all three kinds of questions. (Section 1)
- From final judgments or decisions of the Court of Appeals, the aggrieved party may appeal by certiorari to the Supreme Court as provided in Rule 45 of the Rules of Court. (Section 1)
Appeals to Court of Appeals
- Appeals to the Court of Appeals shall be filed within 15 days from notice of the ruling, award, order, decision or judgment, or from the date of its last publication, if publication is required by law for its effectivity. (Section 2)
- If a motion for reconsideration is filed within the 15-day period, then the appeal shall be filed within 10 days from notice or publication, when required by law, of the resolution denying the motion for reconsideration. (Section 2)
- No more than one motion for reconsideration shall be allowed any party. (Section 2)
- If no appeal is filed within the periods fixed, the ruling, award, order, decision or judgment shall become final and may be executed as provided by existing law. (Section 2)
How Appeals Taken
- Appeals shall be taken by filing a notice of appeal with the Court of Appeals and with the court, officer, board, award, order, decision or judgment appealed from, serving a copy thereof on all other interested parties. (Section 3)
- The notice of appeal shall state, under oath, the material dates to show that it was filed within the period fixed in this Act. (Section 3)
Docketing Fee and Deposits for Costs
- Upon filing of the notice of appeal, the appellant shall pay to the Clerk of the Court of Appeals the docketing fee fixed in Rule 141, Section 2 (a) of the Rules of Court and deposit the sum of fifty pesos (P50.00) for costs. (Section 4)
- If the appellant is a laborer, employee, agricultural lessee, or tenant, they may file a motion under oath to be exempted from payment of docketing fee and the deposit for costs. (Section 4)
- If the court denies the motion for exemption, the appellant shall pay the docketing fee and make the deposit for costs within 15 days from notice of the denial. (Section 4)
- Failure to pay the docketing fee and make the deposit for costs within the period fixed shall be a ground to dismiss the appeal. (Section 4)
Effect of Appeal
- Appeal shall not stay (suspend) the award, order, ruling, decision or judgment unless the officer or body rendering the same or the court, on motion, after hearing, and on such terms as it may deem just, should provide otherwise. (Section 5)
- The propriety of a stay granted by the officer or body rendering the award, order, ruling decision or judgment may be raised only by motion in the main case. (Section 5)
Elevation of Record
- Within 5 days from the payment of the docket fee and deposit for costs, the Clerk of the Court of Appeals shall notify the clerk of court, commission, board, or office concerned to forward the record of the case. (Section 6)
- Within 5 days from receipt of such notice, the latter shall comply by forwarding the whole original record of the case or a certified true copy of the whole record to the Court of Appeals. (Section 6)
- Failure to elevate the record within the period fixed shall be dealt with as for contempt of Court. (Section 6)
Appellate Procedure; Briefs
- Until the Supreme Court provides otherwise by Rule of Court, appeals shall proceed as provided by Rules 46 to 55 of the Rules of Court, insofar as applicable, with the following modifications: (Section 7)
• The appellant's brief shall be served and filed within 30 days from the date that he is notified that the record has been received by the Court of Appeals, and shall contain, as an appendix, the ruling, order, award, decision or judgment appealed from; the appellee's brief shall be served and filed within 30 days from receipt of the appellant's brief; and the appellant's reply brief, within 15 days from receipt of the appellee's brief. (Section 7(a))
• The Court of Appeals may extend the periods above fixed only for good cause; and the total extension granted any party shall not, except in meritorious cases, be greater than the original period above fixed. (Section 7(b))
• Where the appellant has been exempted from paying the docket fee or making the deposit for costs, or when the appellee is an employee, laborer or tenant, he shall be allowed to file his briefs in typewritten or mimeographed form. (Section 7(c))
Repealing Clause
- The Act repeals, amends, or modifies certain sections of the following laws and rules to conform with the provisions of this Act: (Section 8)
• Section 12 of Republic Act No. 1267, as amended
• Section 7 of Republic Act No. 602, as amended
• Section 23 of Republic Act No. 875
• Section 36 of Commonwealth Act No. 83, as amended
• Section 5 of Republic Act No. 1161, as amended
• Section 4 of Republic Act No. 1151
• Sections 48 and 49 of Republic Act No. 776
• Sections 63, 64 and 65 of Republic Act No. 165, as amended
• Section 2 of Republic Act No. 1287
• Section 33 of Republic Act No. 166
• All other laws, rules and regulations, or Rules of Court, or parts thereof, that are inconsistent with the provisions of this Act
Effectivity
- This Act shall take effect upon its approval. (Section 9)
- Approved: September 9, 1968. (Section 9)