Philippine Bar review · Question

Practice question: Hierarchy of Courts

Multiple Choice Hard

Practice question

A petition repeats broad constitutional labels but its requested relief requires resolving conflicting accounts of negotiations, credibility and technical measurements. Counsel says the hierarchy rule is only a polite suggestion and can be ignored without explanation. Which is best?
  1. Every constitutional label defeats hierarchy
  2. The Court must accept counsel’s description of factual issues as legal
  3. Hierarchy serves substantive institutional purposes, and unexplained direct resort requiring initial fact-finding is not justified by those labels
  4. The petitioner may create jurisdiction by calling the case urgent
  5. The court must decide credibility from counsel’s assurances alone

Legal references

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

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