GR 110571; (March, 1994) (Digest)
G.R. No. 110571 March 10, 1994
FIRST LEPANTO CERAMICS, INC., petitioner, vs. THE COURT OF APPEALS and MARIWASA MANUFACTURING, INC., respondents.
FACTS
The Board of Investments (BOI), in its decision dated December 10, 1992 in BOI Case No. 92-005, granted petitioner First Lepanto Ceramics, Inc.’s application to amend its BOI certificate of registration by changing the scope of its registered product from “glazed floor tiles” to “ceramic tiles.” Oppositor Mariwasa filed a motion for reconsideration, which was denied. Mariwasa then filed a petition for review with the Court of Appeals pursuant to Supreme Court Circular No. 1-91. The Court of Appeals issued a temporary restraining order and later denied petitioner’s motion to dismiss the petition. Petitioner filed the instant petition, arguing that the Court of Appeals has no appellate jurisdiction over the BOI decision, as Article 82 of Executive Order No. 226 (Omnibus Investments Code of 1987) provides that appeals from BOI decisions shall be filed directly with the Supreme Court.
ISSUE
Whether appeals from final orders or decisions of the Board of Investments should be filed directly with the Supreme Court under Article 82 of E.O. No. 226, or with the Court of Appeals under Batas Pambansa Blg. 129 and Supreme Court Circular No. 1-91.
RULING
The Supreme Court ruled that appeals from decisions of the BOI should be filed with the Court of Appeals. Circular No. 1-91, which prescribes the rules governing appeals to the Court of Appeals from final orders or decisions of quasi-judicial agencies, effectively repealed or superseded Article 82 of E.O. No. 226 insofar as the manner and method of enforcing the right to appeal are concerned. The Circular applies to appeals from any quasi-judicial agency from which an appeal is allowed by statute to the Court of Appeals or the Supreme Court, and the BOI is not among the agencies expressly excluded by the Circular. Furthermore, Batas Pambansa Blg. 129 vested the Court of Appeals with exclusive appellate jurisdiction over all final judgments, decisions, resolutions, orders, or awards of quasi-judicial agencies, instrumentalities, boards, or commissions, except those falling within the appellate jurisdiction of the Supreme Court. The petition was dismissed for lack of merit.