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Philippine Bar review · Question

Practice question: Court Action

Multiple Choice Hard

Practice question

After losing before a CTA Division reviewing an RTC local-tax judgment, a party immediately petitions the CTA En Banc without first seeking reconsideration or a new trial before the Division. It argues that the En Banc can overlook the omitted step merely because local tax is involved. What did Cosmos hold?
  1. Local-tax cases never require CTA procedure
  2. A direct appeal always cures every omission
  3. The RTC judgment automatically disappears
  4. The local treasurer may confer En Banc jurisdiction by consent
  5. The required Division reconsideration or new-trial step is mandatory; direct En Banc resort is dismissible for lack of jurisdiction

Legal references

  • City of Manila v. Cosmos Bottling, G.R.196681, June27 2018: https://lawphil.net/judjuris/juri2018/jun2018/gr_196681_2018.html

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