While the general rule is that appeals raising pure questions of law from decisions of Regional Trial Courts are taken to the Supreme Court via Rule 45 petition, decisions of trial courts designated as Special Agrarian Courts are only appealable to the Court of Appeals. The right to appeal is a remedy of statutory origin. As such, this right must be exercised only in the manner and in accordance with the provisions of the law authorizing its exercise. The special jurisdiction of the Regional Trial Court sitting as Special Agrarian Court is conferred and regulated by the Comprehensive Agrarian Reform Law, and appeals therefrom are governed by Section 60 thereof. The rule expressly states that appeals from the Special Agrarian Courts must be taken to the Court of Appeals without distinction between appeals raising questions of fact and those dealing purely with questions of law. Where the law does not distinguish, neither should we.. "Ubi lex non distinguit nec nos distinguere debemus."
No comments:
Post a Comment