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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 Jurisprudence

Practice question

Outside the NCR, a Regional State Prosecutor decides on appeal a first-level-court case and denies the aggrieved party's motion for reconsideration. The party alleges specific grave abuse of discretion and considers a further ordinary appeal to the Secretary of Justice indispensable before seeking judicial relief. Under Porto and the current finality rule, which is sound?
  1. A second ordinary appeal to the Secretary is always indispensable
  2. No further ordinary appeal lies on those facts; an appropriate Rule 65 petition before the CA may be pursued if its requisites are met
  3. Only an appeal to the barangay is available
  4. Every unfavorable prosecutorial finding must be reversed by the CA
  5. Administrative finality makes even grave abuse judicially unreviewable

Legal references

  • https://comanialaw.com/doj-department-circular-no-015-series-of-2024/ — Reproduced DOJ D.C. No. 015, series of 2024, §§12–20 (inquest and remedies); issuance upheld in Meking.
  • https://lawphil.net/judjuris/juri2022/oct2022/gr_257446_2022.html — Porto v. Grant Institute of Trade & Technology, G.R. No. 257446, October 12, 2022, MAIN decision (D.C. No. 27, series of 2022, review routes and finality).
  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/4/70233 — Meking v. Remulla, G.R. No. 280455, November 11, 2025, EN BANC MAIN decision (DOJ-NPS rules and executive charging standard).

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