Philippine Bar review · Question

Practice question: Original and Appellate

Multiple Choice Medium

Practice question

An RTC says it should have originally heard a dispute, but actually reviews and reverses the MTC decision on appeal. What does Maslag caution for selecting the next remedy?
  1. Examine what jurisdiction was actually exercised, not merely what should have been exercised
  2. Use any route because the court mentioned jurisdiction
  3. Always assume original jurisdiction from one phrase
  4. Ignore the actual dispositive action
  5. Let the parties privately choose appellate procedure

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

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