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Philippine Bar review · Question

Practice question: Appeal from Quasi-judicial Agencies to CA (Rule 43)

Multiple Choice Medium

Practice question

A party wants ordinary appellate review of a CTA en banc ruling and cites the old Rule 43 text naming the CTA. Which current route controls?
  1. A verified Rule 45 petition for review on certiorari in the Supreme Court under the CTA charter
  2. A new ordinary appeal to any first-level court
  3. An ordinary Rule 43 petition in the CA merely from the old listing
  4. No judicial review can ever exist
  5. A private arbitration unilaterally demanded by the losing party

Legal references

  • https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 43 sections 1–5, 10 and 12, quasi-judicial functions, scope, period, one reconsideration motion, substantial evidence and nonautomatic stay; read with later special statutes.
  • https://lawphil.net/statutes/repacts/ra2004/ra_9282_2004.html — amended CTA charter section 7(a)(5), CBAA appellate decisions, and section 19, Supreme Court Rule 45 review of CTA en banc.
  • https://lawphil.net/statutes/repacts/ra2008/ra_9503_2008.html — CTA’s current collegiate-court rank and structure.
  • https://lawphil.net/judjuris/juri1998/sep1998/gr_130866_1998.html — St. Martin Funeral Home v. NLRC, G.R. No. 130866, September 16, 1998, main decision on CA Rule 65 review of NLRC action.

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