Log In Create Account

Philippine Bar review · Question

Practice question: Petition for Certiorari to CA against Rulings of the DOLE Secretary and NLRC Proper

Multiple Choice Medium Jurisprudence

Practice question

The Labor Secretary assumes jurisdiction over a labor dispute in an industry indispensable to national interest and issues a ruling. A party claims judicial review must be a Rule43 appeal solely because the agency docket label contains 'VA.' Under Philtranco, does that label control?
  1. Yes; a docket abbreviation always overrides actual authority.
  2. Yes; assumption of jurisdiction prevents all review.
  3. Yes; every labor ruling uses Rule43.
  4. Yes; only the agency clerk determines the remedy.
  5. No; the actual assumption of jurisdiction supports Rule65 review initially in the CA.

Legal references

  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/36394 — St. Martin Funeral Home v. NLRC, G.R.130866, September16 1998, main opinion.
  • https://www.lawphil.net/judjuris/juri2014/feb2014/gr_180962_2014.html — Philtranco Service Enterprises v. PWU-AGLO, G.R.180962, February26 2014, main opinion; Rule65 Sections1 and4.

Answer this question in flashcards to review your response and continue practicing.