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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Labor Law and Social Legislation

An NLRC ruling is challenged before the CA under Rule65, and the CA resolves the grave-abuse issue. The losing party then seeks Rule45 review but argues that the Supreme Court must automatically substitute its factual preferences for the NLRC’s without showing legal error or an applicable exception. Which is best?

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The petition must address the proper legal review of the CA’s grave-abuse determination; a blanket demand for factual substitution misstates the remedy No recognized factual-review exception can ever exist Rule65 and Rule45 merge into one unrestricted factual appeal The Supreme Court must always conduct a new trial

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