QuestionsQuestions (Republic Act No. 5433)
Republic Act No. 5433 amends Section 29 of Republic Act No. 296, the Judiciary Act of 1948, specifically concerning the jurisdiction of the Court of Appeals.
Under R.A. No. 5433, the Court of Appeals has exclusive appellate jurisdiction over all cases, actions, and proceedings not enumerated in Section 17 of the Judiciary Act of 1948, properly brought to it.
No. Final judgments or decisions of Courts of First Instance rendered after trial on the merits that affirm the judgment of a municipal or city court may only be elevated to the Court of Appeals on a petition for review.
The Court of Appeals shall give due course to a petition for review only when it shows prima facie that the court committed errors of fact and law warranting reversal or modification of the judgment or decision sought to be reviewed.
Generally, yes, the decision of the Court of Appeals is final. However, the Supreme Court may, at its discretion, review any case involving a question of law by certiorari upon petition and under prescribed rules and conditions.
The Supreme Court may require by certiorari that a case be certified for its review and determination if it involves a question of law, upon petition of the aggrieved party and under rules and conditions it prescribes.
Section 2 provides that the Supreme Court shall prescribe the procedure by Rules of Court. Until then, petitions must be filed within the appeal periods, do not stay judgments unless allowed, and should proceed as far as practicable following Rules 43 and 44.
No, a petition for review does not automatically stay the judgment. A stay can only be granted by the Court of First Instance or Court of Appeals for good cause and under just terms.
The Act does not affect appeals that were perfected prior to its approval.
Republic Act No. 5433 took effect upon its approval on September 9, 1968.