Philippine Bar review · Question

Practice question: Original and Appellate

Multiple Choice Hard

Practice question

A litigant files an original petition for certiorari alleging grave abuse of discretion by a lower tribunal. He insists it is necessarily an ordinary appeal because a lower tribunal acted first. Assuming the proper original court and applicable requirements, which classification is correct?
  1. Every challenge to a prior act is an ordinary appeal.
  2. The petition is administrative because it alleges abuse.
  3. It is necessarily a new trial of all evidence.
  4. It remains an original special civil action, distinct from an ordinary appeal.
  5. Its classification depends only on the relief's monetary value.

Legal references

  • https://lawphil.net/consti/cons1987.html — Article VIII, Section 5(1)–(2).
  • https://lawphil.net/statutes/bataspam/bp1981/bp_129_1981.html — Section 21(1).

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