Section 11. Appeal to the Court of Appeals. – A decision or resolution of the
Commission en banc may be appealed to the Court of Appeals only by way of a
petition for review on certiorari.
Section 12. Execution of Judgment, Basic Rule. – Only judgments, decisions,
or final orders in these appellate cases that finally dispose of the case shall be
subject of execution as a matter of right.
Section 13. Effective Enforcement of Judgments, Decisions, or Final Orders
of the Commission En Banc. – In order for the Commission en banc to effectively
enforce its decisions, awards or final orders in these appellate cases, any suitable
process or procedure may be employed and adopted, unless this does not conform
with the spirit of R.A. 8371 or this Rules, or violates customary laws and practices.
This may include remanding the case to the Regional Hearing Office of origin for
execution.
PART II – ORIGINAL CASES
Section 14. Title and scope. – In all cases originally filed with the Commission en
banc, the complainant shall be called the “Petitioner” and the adverse party the
“Respondent”. This Rule shall apply to original action involving the cancellation of
CADTs and CALTs, and such cases outlined in paragraph B, Section 1, Rule III of
this Rules.
Section 15. Number of Copies and Certification of Non-forum Shopping. –
All petitions and actions under this Rules must be verified and filed in five (5)
legible copies and shall contain a sworn certification of non-forum shopping.
The Certification of Non-forum Shopping shall indicate: (a) that he/she has not
commenced any action or filed any claim involving the same issues in any court,
tribunal or quasi-judicial agency, and to the best of his/her knowledge, no such
other action or claim is pending therein; (b) if there is such other pending action or
claim, a complete statement of the present status thereof; (c) if he/she should
thereafter learn that the same or similar action or claim has been filed or is
pending, he/she shall report that fact within five (5) days therefrom to the
Commission.
Failure to comply with the foregoing requirements shall not be curable by mere
amendment of the petition but shall be cause for the dismissal of the case without
prejudice, unless otherwise provided, upon motion and after hearing. The
submission of a false certification of non-compliance with any of the undertakings
therein shall constitute indirect contempt, without prejudice to the corresponding
administrative and criminal action.
Section 16. Public Respondent as Nominal Parties. – Where the petition
includes public respondents, they shall be joined only as nominal parties and shall
Page | 16
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents