Court of Appeals can admit new evidence in certiorari cases


In Maralit v. Philippine National Bank, where petitioner Maralit questioned the appellate court’s admission and appreciation of a belatedly submitted documentary evidence, the Court held that “[i]n a special civil action for certiorari, the Court of Appeals has ample authority to receive new evidence and perform any act necessary to resolve factual issues.” The Court explained further:

Section 9 of Batas Pambansa Blg. 129, as amended, states that, “The Court of Appeals shall have the power to try cases and conduct hearings, receive evidence and perform any and all acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct new trials or further proceedings.”

Likewise, in VMC Rural Electric Service Cooperative, Inc. v. Court of Appeals,16 the Court held:

[I]t is already settled that under Section 9 of Batas Pambansa Blg. 129, as amended by Republic Act No. 7902 (An Act Expanding the Jurisdiction of the Court of Appeals, amending for the purpose of Section Nine of Batas Pambansa Blg. 129 as amended, known as the Judiciary Reorganization Act of 1980), the Court of Appeals — pursuant to the exercise of its original jurisdiction over Petitions for Certiorari — is specifically given the power to pass upon the evidence, if and when necessary, to resolve factual issues. As clearly stated in Section 9 of BatasPambansa Blg. 129, as amended by Republic Act 7902:

The Court of Appeals shall have the power to try cases and conduct hearings, receive evidence and perform any and all acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct new trials or further proceedings. x x x.

Clearly, the Court of Appeals did not err in admitting the evidence showing LBC Bank’s express ratification of Milan’s consolidation of the title over the subject property. Further, the Court of Appeals did not err in admitting such evidence in resolving LBC Bank’s motion for reconsideration in a special civil action for certiorari. To rule otherwise will certainly defeat the ends of substantial justice.

Marcelo v. LBC Bank, G.R. No. 183575, April 11, 2011

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