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Philippine Bar review · Question

Practice question: Hierarchy of Courts

Multiple Choice Hard

Practice question

A litigant presents a genuine legal issue and carefully pleads a recognized exceptional reason for direct resort. The opponent argues that hierarchy is an absolute bar with no exceptions, regardless of the Court’s applicable doctrine. Which is best?
  1. The mere presence of a legal issue guarantees direct resort
  2. Every exception is abolished
  3. A party may personally declare its own exception binding
  4. Hierarchy is not an invitation to bypass courts, but recognized exceptions must be judicially assessed rather than denied as impossible
  5. Every urgency allegation automatically succeeds

Legal references

  • Gios-Samar, G.R.217158, March12 2019: https://lawphil.net/judjuris/juri2019/mar2019/gr_217158_2019.html

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