2008 Bar: Give at least three instances where the Court of Appeals may act as a trial court. (3%)

Date Published:

The Court of Appeals may act as a trial court in the following instances:

(a) In annulment of judgments (Secs. 5 and 6, Rule 47);
(b) When a motion for new trial is granted by the Court of Appeals (Sec. 4, Rule 53);
(c) A petition for habeas corpus shall be set for hearing (Sec. 12, Rule 102);
(d) To resolve factual issues in cases within its original and appellate jurisdiction (Sec. 12, Rule 124);
(e) In cases of new trial based on newly discovered evidence (Sec. 14, Rule 124);
(f) In cases involving claims for damages arising from provisional remedies; (g) In writ of amparo proceedings (AM No. 07-9-12-SC);
(h) In writ of kalikasan proceedings (Rule 7, AM No. 09-6-8-SC), and;
(i) In writ of habeas data proceedings (AM No. 08-1-16-SC).