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S. No. 76 / 65 OG No. 28, 7116 (July 14, 1969)

[ REPUBLIC ACT NO. 5434, September 09, 1968 ]

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.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

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 ; 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, may appeal therefrom  to the Court of Appeals,  within the period and in manner herein provided, whether the appeal involves a questions of fact, mixed questions of fact and law, or questions of law, or all three kinds of questions.    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.

SEC. 2. Appeals to Court of Appeals.—Appeals to the Court of Appeals shall be filed within fifteen (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; or in case a motion for reconsideration is filed within that period of fifteen (15) days, then within ten (10) days from notice or publication, when required by law, of the resolution denying the motion for reconsideration. No more than one motion for reconsideration shall be allowed any party. If no appeal is filed within the periods here fixed, the ruling, award, order, decision or judgment shall become final and may be executed as provided by existing law.

SEC. 3. How appeals taken.—Appeals shall be taken by filing a notice of appeal with the Court of Appeals and with the court, officer, board, commission or agency that made ox rendered the ruling, award, order, decision or judgment appealed from, serving a copy thereof on all other interested parties. The notice of appeal shall state, under oath, the material dates to show that it was filed within the period fixed in  this Act.

SEC.  4. Docketing fee and deposits for  costs.—Upon filing of the notice of appeal, the appellant shall pay 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, or case  the  appellant be  a  laborer,  employee,  agricultural lessee, or tenant, a motion setting forth said fact  under  oath,  and  praying that he be exempted from payment of  docketing  fee  and  the  deposit  for costs.    Copy  of  motion  shall be served on all interested parties. Should  the  court  find  said  motion  to  be  well  founded it shall grant  the  same;  but if the Court denies the motion, the appellant  shall pay the docketing fee and make the deposit  for  costs within  fifteen   (15)   days from  notice  of  the  denial.  Failure to pay the docketing fee and make the  deposit for costs within  the period here fixed shall be
a  ground to dismiss the appeal.

SEC. 5.  Effect   of appeal.—Appeal   shall  not  stay  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.    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.

SEC. 6. Elevation of Record.—Within five (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.    Within five (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.   Failure to elevate the record within the period here fixed shall be dealt with as for contempt of Court.

SEC. 7. Appellate procedure; Briefs.—Until the Supreme Court shall provide otherwise by Rule of Court, appeals all proceed as provided by Rules 46 to 55 of the Rules Court, insofar as .applicable, with the following modifications:

(a)  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,  within the period above fixed,  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 thirty (30) days from receipt of the appellant's brief; and the appellant's reply brief, within fifteen (15)  days  from receipt  of the  appellee's  brief.

(b) 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.

(c)  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.

SEC. 8. Repealing clause.—Section twelve of Republic Act Numbered One thousand two hundred and sixty-seven, as amended; Section seven of Republic Act Numbered Six hundred two, as amended; Section twenty-three of Republic Act Numbered Eight hundred and seventy-five; Section thirty-six of Commonwealth Act Numbered Eighty-three, as amended; Section five of Republic Act Numbered One thousand one hundred and sixty-one, as amended, Section four of Republic Act Numbered One thousand one hundred fifty-one; Sections forty-eight and forty-nine of Republic Act Numbered Seven hundred and seventy-six; Sections sixty-three, sixty-four and sixty-five of Republic Act Numbered One hundred and sixty-five, as amended; Section two of Republic Act Numbered One thousand two hundred and eighty-seven, Section thirty-three of Republic Act Numbered One hundred sixty-six, and all other portions of said Acts, and all other laws, rules and regulations, or Rules of Court, or parts thereof, that are inconsistent with the provisions of this Act, are hereby amended, repealed or modified to conform herewith.

SEC. 9. Effectivity.—This Act shall take effect upon its approval.

Approved, Sept. 9, 1968.