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Philippine Bar review · Question

Practice question: Appeal (See also DOJ DC 70 and 70-A, s. 2000, and DC 27, s. 2022)

Multiple Choice Hard

Practice question

A petitioner argues that merely attaching the court-filed suspension motion proves suspension was granted and all court action is void. The court has issued no suspension order. Which is correct?
  1. Every request is automatically granted
  2. Proof of a filed request is distinct from a court order granting it
  3. Only the petition’s caption matters
  4. The attachment necessarily vacates every judicial order
  5. DOJ review abolishes judicial discretion

Legal references

  • DOJ Department Circular 015 (2024), Sections2–7,10,15–16,19–20; primary issuance text reproduced at https://comanialaw.com/doj-department-circular-no-015-series-of-2024/
  • Crespo v. Mogul, G.R.L-53373, June30,1987: https://lawphil.net/judjuris/juri1987/jun1987/gr_l-53373_1987.html

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