Title
Uniform Appeal Procedure for Specified Agencies
Law
Republic Act No. 5434
Decision Date
Sep 9, 1968
Republic Act No. 5434 establishes a uniform procedure for appeals from various agencies in the Philippines, granting parties the right to appeal and outlining the necessary steps and requirements, including the payment of fees, while emphasizing that an appeal does not automatically suspend or set aside the original ruling.
A

Period and Manner of Filing Appeals

  • Appeals to the Court of Appeals must be filed within 15 days from notice or publication of the decision.
  • If a motion for reconsideration is filed within this 15-day period, the appeal period is extended to 10 days from notice of denial of the motion.
  • Only one motion for reconsideration is allowed per party.
  • Failure to file an appeal within the specified period renders the decision final and executory.

Procedure in Taking Appeals

  • Appeals are taken by filing a notice of appeal with the Court of Appeals and with the agency or court that issued the decision.
  • Copies of the notice must be served on all interested parties.
  • Notice of appeal must be sworn under oath, stating material dates to prove timely filing.

Docketing Fee and Costs

  • Appellant must pay the docketing fee as fixed by Rule 141, Section 2(a), and deposit P50.00 for costs upon filing the appeal.
  • Laborers, employees, agricultural lessees or tenants may file a motion under oath to be exempted from fees.
  • The court may grant exemption after hearing; if denied, payment must be made within 15 days or the appeal is subject to dismissal.

Effect of Appeal on Execution

  • Appeal generally does not stay execution of the award or decision unless ordered by the issuing body or court after hearing and on just terms.
  • The propriety of any stay may be challenged only by motion in the main case.

Elevation of Case Records

  • Within 5 days after payment of docket fees, the Court of Appeals clerk notifies the clerk of the agency or court to forward the entire original or certified record.
  • The receiving clerk must forward the records within 5 days of notice.
  • Failure to comply with this timeline is contempt of court.

Appellate Procedure and Briefs

  • Appeals proceed under Rules 46 to 55 of the Rules of Court, with specified modifications:
    • Appellant must file and serve the brief within 30 days of notification of record receipt.
    • Appellee must file within 30 days after appellant's brief.
    • Appellant has 15 days to file reply brief.
  • Extensions may be granted for good cause, not exceeding original periods except in meritorious cases.
  • Exempted parties may file briefs in typewritten or mimeographed form.

Repealing Provisions

  • Amends, repeals or modifies inconsistent provisions in specified laws and rules to conform with this Act.

Effectivity

  • The Act takes effect immediately upon approval on September 9, 1968.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.