First Lepanto Ceramics v. CA Digest

First Lepanto Ceramic v CA

Facts:

1.    Petitioner assailed the conflicting provisions of B.P. 129, EO 226 (Art. 82) and a circular, 1-91 issued by the Supreme Court which deals with the jurisdiction of courts for appeal of cases decided by quasi-judicial agencies such as the Board of Investments (BOI).

2.   BOI 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 of the said BOI decision while oppositor Fil-Hispano Ceramics, Inc. did not move to reconsider the same nor appeal therefrom. Soon rebuffed in its bid for reconsideration, Mariwasa filed a petition for review with CA.

4.   CA temporarily restrained the BOI from implementing its decision. The TRO lapsed by its own terms twenty (20) days after its issuance, without respondent court issuing any preliminary injunction.

5.    Petitioner filed a motion to dismiss and to lift the restraining order contending that CA does not have jurisdiction over the BOI case, since the same is exclusively vested with the Supreme Court pursuant to Article 82 of the Omnibus Investments Code of 1987.

6.    Petitioner argued that the Judiciary Reorganization Act of 1980 or B.P. 129 and Circular 1-91, "Prescribing the Rules Governing Appeals to the Court of Appeals from a Final Order or Decision of the Court of Tax Appeals and Quasi-Judicial Agencies" cannot be the basis of Mariwasa's appeal to respondent court because the procedure for appeal laid down therein runs contrary to Article 82 of E.O. 226, which provides that appeals from decisions or orders of the BOI shall be filed directly with the Supreme Court.

7.    While Mariwasa maintains that whatever inconsistency there may have been between B.P. 129 and Article 82 of E.O. 226 on the question of venue for appeal, has already been resolved by Circular 1-91 of the Supreme Court, which was promulgated on February 27, 1991 or four (4) years after E.O. 226 was enacted.

ISSUE: Whether or not the Court of Appeals has jurisdiction over the case

YES. Circular 1-91 effectively repealed or superseded Article 82 of E.O. 226 insofar as the manner and method of enforcing the right to appeal from decisions of the BOI are concerned. Appeals from decisions of the BOI, which by statute was previously allowed to be filed directly with the Supreme Court, should now be brought to the Court of Appeals.