IN 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

In Maralit v. Philippine National Bank (G.R. No. 163788, 24 August 2009, 596 SCRA 662) where petitioner Maralit questioned the appellate court's admission and appreciation of a belatedly submitted documentary evidence, the Supreme 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." (G.R. No. 163788, 24 August 2009, 596 SCRA 662, at 682)

             Likewise, in VMC Rural Electric Service Cooperative, Inc. v. Court of Appeals (G.R. No. 153144, 12 October 2006, 504 SCRA 336, 348-350, cited in Maralit v. Philippine National Bank, supra) 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 Batas Pambansa 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 (SPOUSES ROGELIO MARCELO AND MILAGROS MARCELO, PETITIONERS, VS. LBC BANK, RESPONDENT, G.R. No. 183575, April 11, 2011, CARPIO, J.)