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Philippine Bar review · Question

Practice question: Original and Appellate Jurisdiction

Multiple Choice Hard Jurisprudence

Practice question

A party files directly in the Supreme Court under the label certiorari. Resolving the case requires first deciding disputed events, witness credibility and contested documents not yet tried in a lower court. The party invokes only national publicity and a desire for a quick ruling. It claims constitutional original jurisdiction makes the Court the mandatory first fact-finding forum. Which is best?
  1. Original jurisdiction does not establish that asserted entitlement; hierarchy and the factual nature of the case remain material
  2. National publicity always requires first-instance Supreme Court fact trial
  3. The word certiorari eliminates every factual dispute
  4. The Court must accept the petitioner's disputed facts as conclusive
  5. Original jurisdiction abolishes all procedural filtering

Legal references

  • Gios-Samar, Inc. v. Department of Transportation and Communications, G.R. No. 217158, March 12, 2019, main opinion: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/64970

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