GR 110571; (October, 1994) (Digest)
G.R. No. 110571 October 7, 1994
FIRST LEPANTO CERAMICS, INC., petitioner, vs. THE COURT OF APPEALS and MARIWASA MANUFACTURING, INC., respondents.
FACTS
This is a motion for reconsideration of a decision by the Second Division, which sustained the jurisdiction of the Court of Appeals over appeals from decisions of the Board of Investments (BOI). The petitioner, First Lepanto Ceramics, Inc., had filed a petition for certiorari and prohibition, questioning this jurisdiction. The Court en banc accepted the matter due to its importance. Petitioner argued that Circular No. 1-91, a procedural rule issued by the Supreme Court, could not supersede Article 82 of the Omnibus Investments Code of 1987 (Executive Order No. 226), which it considered a substantive act defining court jurisdiction. Article 82 provided for direct appeals from BOI decisions to the Supreme Court. The Second Division had held that while the right to appeal is substantive, the manner and forum of appeal are procedural matters within the Supreme Court’s rule-making power.
ISSUE
Whether the Court of Appeals has jurisdiction over appeals from decisions and final orders of the Board of Investments, notwithstanding the provision in Article 82 of the Omnibus Investments Code of 1987 for direct appeals to the Supreme Court.
RULING
The motion for reconsideration is DENIED. The Court en banc affirmed that the Court of Appeals has jurisdiction. The ruling is based on constitutional grounds. Article VI, Section 30 of the 1987 Constitution states that no law shall be passed increasing the appellate jurisdiction of the Supreme Court without its advice and concurrence. Article 82 of the 1987 Omnibus Investments Code, by providing for direct appeals to the Supreme Court from BOI decisions, sought to increase the Court’s appellate jurisdiction. Since this provision was enacted without the required advice and concurrence of the Supreme Court, it never became effective. Consequently, it did not amend Batas Pambansa Blg. 129, Section 9, which grants the Court of Appeals exclusive appellate jurisdiction over decisions of quasi-judicial agencies, including the BOI. Therefore, the authority of the Court of Appeals stems from B.P. Blg. 129, and appeals from the BOI must be filed with and decided by the Court of Appeals following the procedure in Circular No. 1-91.