Practice question
A party has an available, plain, speedy and adequate ordinary appeal that fully addresses the challenged ruling. It nevertheless files Rule XII solely because it likes the title extraordinary. Which is correct?
- The title gives an unrestricted second appeal
- The petition automatically replaces any ordinary appeal
- The absence-of-adequate-ordinary-remedy condition is not met
- The ordinary appeal is extinguished by the petitioner’s preference
- Every order necessarily requires extraordinary review
Legal references
- https://nlrc.dole.gov.ph/uploads/content/The%202025%20NLRC%20Rules%20of%20Procedure.pdf — 2025 NLRC Rules, Rule XII sections1–3,14 and17; printed pages 41–42,45–46: injustice and no adequate ordinary remedy thresholds, four specified grounds and verified petition.
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