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G.R. No. 110571 / MARCH 10, 1994 / NOCON, J. / BP 129 in relation to EO 226 and SC
Circ. No. 1-91 / KJMSTA.ANA
NATURE
PETITIONERS
RESPONDENTS
Petitioner argues that BP 129 and Circular 1-91 cannot be the basis of
Mariwasas appeal to CA because Article 82 of EO 226 provides that
appeals from decisions or orders of BOI shall be filed directly with the
Supreme Court.
Respondent Mariwasa, on the other hand, posits that the inconsistency
between BP 129 and EO226 has already been resolved by SC Circular 191.
o BP 129 (1981): vests appellate jurisdiction over all final
judgments, decisions, resolutions, orders or awards of quasijudicial agenices on the Court of Appeals.
o Article 82, EO 226 (1987): appellate jurisdiction over BOI
decisions/ orders is exclusively vested in the Supreme Court.
o SC Circular 1-91 (1991): the appeal of a party affected by a
final order, judgment, or decision of a quasi-judicial agency
shall be taken to the Court of Appeals.
ISSUES & RATIO.