Question & AnswerQ&A (Republic Act No. 5434)
The main purpose of Republic Act No. 5434 is to provide a uniform procedure for appeals from specified agencies such as the Court of Agrarian Relations, the Secretary of Labor under the Minimum Wage Law, the Department of Labor under the Industrial Peace Act, and other regulatory bodies to the Court of Appeals, and from there to the Supreme Court.
Appealable decisions include those from the Court of Agrarian Relations; Secretary of Labor under Section 7 of RA 602 (Minimum Wage Law); Department of Labor under Section 23 of RA 875 (Industrial Peace Act); Land Registration Commission; Securities and Exchange Commission; Social Security Commission; Civil Aeronautics Board; Patent Office; and Agricultural Inventions Board.
Appeals must 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. If a motion for reconsideration is filed, the appeal must be filed within ten (10) days from notice of denial of the motion.
The notice of appeal must be filed with the Court of Appeals and the issuing agency and served on all interested parties. It must state under oath the material dates showing that it was filed within the prescribed period.
The appellant must pay the docketing fee fixed in Rule 141, Section 2(a) of the Rules of Court and deposit fifty pesos (P50.00) for costs. Laborers, employees, agricultural lessees, or tenants may file a motion for exemption from fees under oath.
Failure to pay the docketing fee and make the deposit for costs within the time fixed is grounds for dismissal of the appeal.
No, filing an appeal does not stay the award, ruling, decision, or judgment unless the officer, body rendering the decision, or the court grants a stay on motion after hearing and on just terms.
Within five (5) days from payment of the docket fee and costs, the Clerk of the Court of Appeals notifies the clerk of the concerned agency to forward the whole original record or certified true copy within five (5) days. Failure to do so may result in contempt of court.
The appellant must file their brief within 30 days after notification that the record has been received by the Court of Appeals. The appellee's brief is due 30 days after receipt of the appellant's brief, and the appellant's reply brief within 15 days after receipt of the appellee's brief.
Yes. Laborers, employees, agricultural lessees, or tenants can file a motion under oath for exemption from docketing fees and deposits. If granted, they are allowed to file briefs in typewritten or mimeographed form.