CA Junks Govt Plea Vs. Marikina Court Ruling on Tobacco Case | News | G

CA junks govt plea vs. Marikina court ruling on tobacco case | News | G... http://www.gmanetwork.com/news/story/297279/news/nation/ca-junks-go...

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Related Stories Depositors join court battle, oppose Banco MARK MERUEÑAS, GMA News March 1, 2013 4:42pm Filipino's liquidation Recommend 1 2 0 8 0 British American Tobacco might bring new brands to PHL The Court of Appeals (CA) has dismissed a petition questioning a Marikina court's ruling that clarified portions of the Republic Act 9211 or the Tobacco Regulation Act of 2003. CA junks govt plea to submit additional documents on case vs suspended Cebu gov

In a 13-page decision penned by Associate Justice Eduardo Peralta, the CA's Twelfth Division said the CA upholds Luneta hostage-taker's dismissal with finality Inter-Agency Committee-Tobacco (IAC-T) committed an error when it sought the CA's help in assailing the February 14, 2008 ruling of the Marikina Regional Trial Court Branch 263. Congress urged to pass law requiring picture warnings on cigarette packs

The inter-agency body is composed of executive heads of the Department of Trade and Industry, Govt to suffer 'irreparable injury' if Garcia's TRO granted - CA Justice Department of Health, Department of Environment and Natural Resources, Department of Justice, Department of Agriculture, Department of Science and Technology, Department of Finance, Department CA upholds traffic ordinances of Metro Manila LGUs of Education, Philippine Tobacco Institute, and Framework Convention Alliance Philippines. Aga Muhlach, wife ask CA to stop removal from voters' list The Marikina court's ruling stemmed from a “petition for declaratory relief for judicial interpretation" filed by cigarette firm Fortune Tobacco Corp. (FTC) on June 29, 2007, which asked the Marikina court to CA refuses to give govt access to Rabusa, family's bank accounts interpret Section 22 of the Tobacco Regulation Act of 2003, which was enacted in June 2003 and prohibits all tobacco advertising in mass media, except inside the premises of point-of-sale retail CA lifts freeze order vs alleged JI-MILF funder establishments. More Nation Stories The tobacco firm also sought interpretation of the extent of a manufacturer’s liability for violations on advertising limits. advertisement

In February 2008, the court entertained the tobacco firm's request, gave due course to it, and ruled that—like what is stated in the law—advertising materials will only be allowed within the premises of the point of sale establishments.

The court said the term "premises" would be understood as defined under Section 1.18 of the Implementing Rules and Regulation of the law.

Section 1.18 defines "premises" as a "tract of land and the building or buildings thereon, including the open spaces between the buildings located on the same tract of land and within the perimeter of said tract of land."

At the same time, the trial court also said the "determination of criminal responsibility" would lie on the prosecution. Related Videos In response to the ruling, the IAC-T asked the court to reconsider issuing the order, saying a 24 Oras: CA, naglabas ng declaratory relief was "unnecessary and improper because the ban on outdoor advertisement... was TRO sa pagkakatanggal unambiguous." kay Aga Muhlach sa voter's list ng CamSur The IAC-T's motion was denied, prompting it to seek an appeal from the CA on March 23, 2011. Balitanghali: Court of In its ruling, however, the CA said with the tobacco firm and said the IAC-T only raised questions of law Appeals, hindi naglabas ng TRO sa suspension order which should have been brought up before the Supreme Court and not the appeals court. vs. Gov. Garcia

1 of 3 3/7/2013 10:25 AM CA junks govt plea vs. Marikina court ruling on tobacco case | News | G... http://www.gmanetwork.com/news/story/297279/news/nation/ca-junks-go...

In its ruling, the CA distinguished the three modes of appeals: an ordinary appeal to resolve questions Balitanghali: Tobacco of fact or mixed questions of fact and law; a petition for review to be handled by the CA; and an appeal farmers at cigarette by certiorari where only questions of law are involved and should be handled by the SC. vendors, nangangamba sa Sin Tax Reform Bill

The CA said the appeal made by the IAC-T fell under the third mode. 24 Oras: Tobacco farmers, hati ang opinyon tungkol sa "Clearly, the issues submitted by the parties for the trial court’s determination were purely legal in epekto ng Sin Tax Reform nature because their resolution solely depended on the application and interpretation by the trial court Bill of the pertinent law on the matter," the CA said.

More News Videos "In as much as appraisal by this Court of the assailed RTC decision on the propriety of the declaratory relief would be limited to an inquiry into the issue of whether the trial court correctly applied and interpreted the provisions of R.A. No. 9211... appellant should have directly elevated its remedial measure to the Supreme Court on a petition for review by certiorari," it added. Related photos

The CA said pure questions of law should be handled by the Supreme Court as stipulated under Section 1, Rule 45 of the Rules of Court.

Since the petition was inappropriately filed, the appeals court said it had no choice but to dismiss it as prescribed under Section 2, Rule 50 of the Rules of Court. Ortega widow deplores Ex-smoker who CA decision to survived laryngeal invalidate DOJ probe cancer shows hole in "An appeal erroneously taken to the Court of Appeals shall not be transferred to the appropriate court throat Tobacco farmers Activists want suspects but shall be dismissed outright," the rules said. oppose 'sin' tax bill to surface Jonas Burgos The CA "strongly reminded" the IAC-T and all other subsequent petitioners to comply with the prescribed rules of procedure to avoid losing their appeal.

Concurring with the CA ruling were Associate Justices Vicente Veloso and Jane Aurora Lantion. —

KBK, GMA News Cyclists against Docs want cigarette smoking ride in Manila prices raised to control Recommend 1 2 0 8 0 child smoking

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