Short answer. The Court of Appeals gives the petition due course if, from the petition, comment, or record, it finds prima facie that the agency committed errors of fact or law warranting reversal or modification; otherwise it dismisses the petition. Agency findings of fact supported by substantial evidence bind the appellate court.
What the law says
and on the basis of the petition or the records the Court of Appeals finds prima facie that the court or agency concerned has committed errors of fact or law that would warrant reversal or modification of the award, judgment, final order or resolution sought to be reviewed, it may give due course to the petition; otherwise, it shall dismiss the same.
Rule 43, Section 10 — Due course. Read the full provision →
What the law says
The findings of fact of the court or agency concerned, when supported by substantial evidence, shall be binding on the Court of Appeals.
Rule 43, Section 10 — Due course. Read the full provision →
The prima facie standard for due course
After the comment stage (or the expiration of the period for it), the Court of Appeals decides whether the petition deserves a full hearing. Due course turns on whether, on the papers before it, the Court of Appeals finds prima facie that the court or agency concerned has committed errors of fact or law that would warrant reversal or modification of the award, judgment, final order or resolution sought to be reviewed.
The consequence of failing that test
The rule is binary in its outcome: the court either gives the petition due course, or, otherwise, it shall dismiss the same. There is no intermediate outcome at this stage — a petition that does not show even a prima facie basis for reversal or modification does not proceed further. This screening happens before the parties incur the cost of full briefing, oral argument, or memoranda, so a petitioner whose papers already reveal no error simply never reaches those later, more expensive stages of Rule 43 review.
Substantial evidence binds the appellate court
Even where due course is given, the agency's factual findings are not automatically up for relitigation. The findings of fact of the court or agency concerned, when supported by substantial evidence, shall be binding on the Court of Appeals. This means a petitioner's realistic chance of success often turns less on disputing facts the agency reasonably found, and more on showing legal error or a factual finding unsupported by substantial evidence.
Due course is a screening step, not a win
Giving the petition due course is not itself a ruling for the petitioner. It only means the papers show enough, prima facie, to justify a closer look; the agency and the party that prevailed below can still win after full consideration of the comment, memoranda, or oral argument the court may order. Conversely, dismissal at this stage forecloses the appeal itself, since no further step in the Rule 43 process follows a petition denied due course, subject only to whatever separate remedies the Rules of Court allow, such as a motion for reconsideration before the Court of Appeals itself.
Related provisions
- Rule 43, Section 10 — Due course
- Rule 43, Section 8 — Action on the petition
- Rule 43, Section 11 — Transmittal of record