Philippine Bar review · Question

Practice question: General and Special

Multiple Choice Hard

Practice question

A regulator issues a generally applicable rule and separately adjudicates a particular enforcement case. A litigant argues the existence of the second special adjudicative power means no regular court can examine the first rule’s legality. Which analysis follows SEC v Bonifacio?
  1. Identify the challenged function; special adjudication does not erase regular judicial review of rule validity
  2. Treat all agency acts as identical
  3. Presume every rule is a final judgment
  4. Exclude the courts merely because an agency is named
  5. Allow parties to create a new tribunal by consent

Legal references

  • Galang v Wallis GR223434 July3,2019 MAIN: https://lawphil.net/judjuris/juri2019/jul2019/gr_223434_2019.html
  • SEC v Bonifacio GR198425 etal January30,2024 MAIN: https://lawphil.net/judjuris/juri2024/jan2024/gr_198425_2024.html

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