Practice question
A litigant seeks review of an NLRC decision for qualifying grave abuse after satisfying the applicable prerequisites. Does ordinary Rule 43 appeal follow merely because the NLRC is quasi-judicial?
- Yes, every quasi-judicial act is necessarily appealed under Rule 43
- No, the Labor Code exclusion and St. Martin framework require the appropriate Rule 65 CA review rather than that ordinary appeal
- Yes, and no grave abuse need ever be established
- No, because no court can review any NLRC action
- Yes, if counsel calls the filing a petition
Legal references
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 43 sections 1–5, 10 and 12, quasi-judicial functions, scope, period, one reconsideration motion, substantial evidence and nonautomatic stay; read with later special statutes.
- https://lawphil.net/statutes/repacts/ra2004/ra_9282_2004.html — amended CTA charter section 7(a)(5), CBAA appellate decisions, and section 19, Supreme Court Rule 45 review of CTA en banc.
- https://lawphil.net/statutes/repacts/ra2008/ra_9503_2008.html — CTA’s current collegiate-court rank and structure.
- https://lawphil.net/judjuris/juri1998/sep1998/gr_130866_1998.html — St. Martin Funeral Home v. NLRC, G.R. No. 130866, September 16, 1998, main decision on CA Rule 65 review of NLRC action.
Answer this question in flashcards to review your response and continue practicing.