Philippine Bar review · Question

Practice question: Adherence of Jurisdiction

Multiple Choice Hard

Practice question

A valid SEC pre-need complaint predates the Code. The new law directs record transfer but also expressly continues pending SEC matters to final conclusion. A party reads only the record-transfer phrase to claim immediate ouster. Which is correct?
  1. The preservation sentence must be given effect together with record transfer
  2. The record-transfer phrase silently deletes the next sentence
  3. A clerical transfer alone repeals adjudicatory authority
  4. All complaints become void on moving the files
  5. The Code’s title overrides its text

Legal references

  • SEC and Insurance Commission v. College Assurance Plan, GR213130 and218193, September9,2020, adherence and RA9829 Section57: https://lawphil.net/judjuris/juri2020/sep2020/gr_213130_2020.html
  • RA9829 Section57 transition: https://lawphil.net/statutes/repacts/ra2009/ra_9829_2009.html

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