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Philippine Bar review · Question

Practice question: Family Courts (RA 8369)

Multiple Choice Hard

Practice question

A regular RTC is properly hearing a civil case within its jurisdiction. During trial, a question within RA 8369 §5 arises only as an incident necessary to resolve that existing case. A party insists that every such incident automatically divests the RTC of jurisdiction and requires a new Family Court action. Which answer follows the Act?
  1. The regular court may determine the incident under §5's express proviso.
  2. The entire case must automatically be dismissed.
  3. The incident must always be decided by the mayor.
  4. The RTC must cease acting even if the issue is merely incidental.
  5. The parties may choose any administrative agency to decide it.

Legal references

  • https://lawphil.net/statutes/repacts/ra1997/ra_8369_1997.html — RA 8369 §§5,12,17.
  • https://lawphil.net/statutes/repacts/ra2022/ra_11642_2022.html — RA 11642 §6 (NACC jurisdiction).

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