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Philippine Bar review · Question

Practice question: Petition for Review to CA against Rulings of Voluntary Arbitrators

Multiple Choice Hard

Practice question

A losing party argues that a CA Rule 43 appeal can raise facts, so every supported agency finding must automatically be discarded and all witnesses retried. Which is sound?
  1. Every appeal necessarily requires a completely new trial.
  2. Permitting factual issues does not eliminate the rule’s treatment of findings supported by substantial evidence.
  3. Supported findings become inadmissible solely because appealed.
  4. Rule 43 prohibits reading the existing record.
  5. The appellant automatically chooses the facts.

Legal references

  • Rules of Court, Rule 43 Sections 3-6, 10 and 12: https://lawphil.net/courts/rules/rc_1-71_civil.html
  • Guagua National Colleges v. Court of Appeals, G.R. No. 188492, August 28, 2018, main decision: https://lawphil.net/judjuris/juri2018/aug2018/gr_188492_2018.html
  • DOLE Department Order 255-2025, Rules VI and VIII, reproduced issued text: https://www.scribd.com/document/1056241538/DO-255-25-Revised-Procedural-Guidelines-in-the-Conduct-of-Voluntary-Arbitration-Proceedings

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