Monday, April 9, 2012

mode of appeal from DARAB decision

Section 60 of RA6657 clearly states that the modality of recourse from decisions or orders of the Special Agrarian Court is by petition for review. This section is to be read in relation to RA7902, which expanded the jurisdiction of the Court of Appeals to include exclusive appellate jurisdiction over all final judgments, decisions, resolutions, orders or awards of RTCs and quasi-judicial agencies, instrumentalities, boards or commissions. The Supreme Court issued Circular No. 1-95 governing appeals from all quasi-judicial bodies to the Court of Appeals by petition for review regardless of the nature of the question raised. Hence, it is Rule 43 of the Rules of Court that must govern the procedure for judicial review of decisions, orders or resolutions of the DARAB. An appeal taken to the Supreme Court or the Court of Appeals by a wrong or inappropriate mode warrants a dismissal.

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