Practice question
An agency issues an order merely setting a hearing and identifying questions still to be decided. It has not determined the parties' substantive rights. A party seeks an ordinary appeal as though the order disposed of the entire case. Assuming no special applicable appeal provision, what is the defect?
- The order cannot be administrative because it mentions a hearing.
- Every hearing-setting order necessarily grants final relief.
- The party must first win a newspaper poll.
- The challenged order is interlocutory rather than a final merits disposition.
- The court must decide guilt automatically.
Legal references
- SEC v. CJH Development Corporation, G.R. No. 210316, November 28, 2016, main decision, interlocutory administrative orders: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/62616
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