Philippine Bar review · Question

Practice question: Petition for Review on Certiorari to SC

Multiple Choice Hard

Practice question

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?
  1. The Supreme Court must always conduct a new trial
  2. Any Rule45 filing erases every factual finding
  3. Rule65 and Rule45 merge into one unrestricted factual appeal
  4. The petition must address the proper legal review of the CA’s grave-abuse determination; a blanket demand for factual substitution misstates the remedy
  5. No recognized factual-review exception can ever exist

Legal references

  • Radaza v.Alcatraz Security, GR272859, February19,2026: https://lawphil.net/judjuris/juri2026/feb2026/gr_272859_2026.html

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