Philippine Bar review · Question

Practice question: Original and Appellate

Multiple Choice Hard

Practice question

A court acquires authority through a valid original proceeding and first adjudicates the claim. In a different case the same court reviews an administrative adjudication by the authorized appellate route. Counsel says the identical judge makes both original. Which is correct?
  1. The proceeding and jurisdictional grant determine the classification, not the judge’s identity
  2. The judge’s identity makes both original
  3. Every administrative review is a new original trial
  4. Every original case is an appeal
  5. The classification is a personal judicial preference

Legal references

  • Maslag v Monzon GR174908 June17,2013 MAIN: https://lawphil.net/judjuris/juri2013/jun2013/gr_174908_2013.html
  • SEC v Bonifacio, appellate review of SEC quasi-judicial decisions: SEC v Bonifacio GR198425 etal January30,2024 MAIN: https://lawphil.net/judjuris/juri2024/jan2024/gr_198425_2024.html

Answer this question in flashcards to review your response and continue practicing.