Practice question
The SEC issues a cease-and-desist order based on prima facie findings and the applicable process permits a hearing to refute those findings and seek lifting of the order. The order is expressly provisional. The affected company instead files an ordinary appeal claiming that any immediately burdensome order is final. Under SEC v. CJH, which is correct?
- Immediate burden automatically turns every order into a final merits judgment.
- The order remains interlocutory where substantial merits proceedings remain; immediate operational effect alone does not make the ordinary appeal proper.
- The company automatically wins the merits by filing an appeal.
- The SEC can never issue provisional orders.
- The provisional label permanently extinguishes all judicial protection.
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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