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Philippine Bar review · Question

Practice question: Appeal to the CTA En Banc

Multiple Choice Hard

Practice question

After an adverse civil CTA Division judgment, a party skips reconsideration or new trial and directly files an En Banc petition within fifteen days. It argues that prompt filing cures the omitted step. Following Cosmos, what is the strongest conclusion?
  1. Prompt filing always excuses every prerequisite
  2. The omitted motion automatically becomes unnecessary
  3. The mandatory prior Division motion was not satisfied; prompt En Banc filing alone does not cure the defect
  4. The En Banc petition is a tax payment
  5. Every party may choose which CTA rules to follow

Legal references

  • City of Manila v. Cosmos Bottling, G.R. 196681, June 27, 2018: https://lawphil.net/judjuris/juri2018/jun2018/gr_196681_2018.html

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