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Philippine Bar review · Question

Practice question: Certiorari Jurisdiction in Aid of Appellate Jurisdiction in Local Tax Cases

Multiple Choice Hard

Practice question

In a covered local-tax case, an aggrieved party has an available adequate ordinary appeal from a final RTC judgment. It files Rule 65 certiorari merely to obtain a second choice of remedy, alleging only ordinary error. No exception or inadequate-remedy circumstance exists. Does Grecia-Cuerdo automatically authorize this use?
  1. No. Recognition of CTA certiorari power does not remove Rule 65's distinct requirements.
  2. Yes, because every tax appeal is optional once Rule 65 is named.
  3. Yes, because every unfavorable judgment is grave abuse.
  4. Yes, because final judgments can never be appealed.
  5. No, because the CTA has no judicial review authority at all.

Legal references

  • City of Manila v. Grecia-Cuerdo, G.R.175723, February4 2014, main decision; https://lawphil.net/judjuris/juri2014/feb2014/gr_175723_2014.html

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