First Lepanto Ceramics, Inc. vs.

CA and Mariwasa Manufacturing

GR No. 110571 | Oct. 7, 1994 | J. Mendoza
Facts:
Motion for Reconsideration.
P First Lepanto contends that Circular No. 1-91 (rules governing appeals to CA) cannot be deemed to
have superseded Art. 82 of EO 226 or the Omnibus Investments Code of 1987 (providing direct appeals
to SC) because the Code is in the nature of a substantive act of Congress defining the jurisdiction of
courts, while the circular is a rule of procedure the SC promulgated pursuant to its rule-making power.
Issue: WON the CA has jurisdiction over appeals from the decisions of the Board of Investments YES
Held:
The main decision from which this MR stems is affirmed.
Historical timeline:
1) Judicial review of decisions of the BOI was originally provided for in the Omnibus Investments
Code of 1981
Art. 78 provided that all appeals shall be filed directly with the SC
2) Art. 78 was amended by BP 129
Sec. 9 granted exclusive appellate jurisdiction to CA over decisions of quasi-judicial
agencies
3) Omnibus Investments Code of 1987 was promulgated on July 17, 1987
Right to appeal from decisions of BOI was again granted to SC
4) 1987 Constitution took effect
Art. VI, Sec. 30 provided that no law shall be passed increasing the appellate jurisdiction
of SC without its advice and concurrence.
This provision is intended to give the SC a measure of control over unnecessary burden
placed before it
Art. 82 of the 1987 Omnibus Investments Code increases the appellate jurisdiction of SC by providing for
direct appeals to SC from decisions of the BOI. Since it was enacted without the advice and concurrence
of the SC, it never became effective; thus, it cannot have amended BP 129, Sec. 9.
There is no reason why decisions and final orders of the BOI must be directly appealed to this Court. As
already noted in the main decision in this case, the purpose of Sec. 9 of BP 129 is to provide uniform
appeals to the Court of Appeals from the decisions and final orders of all quasi-judicial agencies, with the
exception only of those issued under the Labor Code and those rendered by the Central Board of
Assessment Appeals.
MR denied.