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Philippine Bar review · Question

Practice question: Appeal from Quasi-judicial Agencies to CA (Rule 43)

Multiple Choice Easy

Practice question

What is the ordinary Rule 43 effect on execution of the reviewed agency disposition?
  1. The appeal automatically erases it
  2. The appeal always stays it without qualification
  3. The disposition is permanently unenforceable
  4. The appeal does not stay it unless the CA directs otherwise on terms it considers just
  5. The appellant becomes the decision-maker

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.

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