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?
- Every appeal necessarily requires a completely new trial.
- Permitting factual issues does not eliminate the rule’s treatment of findings supported by substantial evidence.
- Supported findings become inadmissible solely because appealed.
- Rule 43 prohibits reading the existing record.
- 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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