Log In Create Account

Philippine Bar review · Question

Practice question: Original and Appellate Jurisdiction

Multiple Choice Hard Jurisprudence

Practice question

Congress assigns initial handling of a class of cases to a lower court and prescribes a lawful review route. A party argues that the very existence of Supreme Court constitutional review over the final judgment forbids all lower-court proceedings and requires the Supreme Court to conduct the entire trial first. Which response is strongest?
  1. Every appellate category is necessarily exclusive original jurisdiction.
  2. The Supreme Court’s possible later review automatically voids the trial court’s role.
  3. Constitutional review of final lower-court judgments presupposes a distinct review function and does not by itself make the Supreme Court the first trial forum.
  4. A lower court can never determine any question of law.
  5. All constitutional jurisdiction is optional for private litigants to rewrite.

Legal references

  • 1987 Constitution, Article VIII, Sections 2 and 5(1)-(2): https://lawphil.net/consti/cons1987.html
  • Gios-Samar, Inc. v. DOTC, G.R. No. 217158, March 12, 2019, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/64970

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