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Philippine Bar review · Question

Practice question: Court of Appeals (BP 129, as amended by RA 7902)

Multiple Choice Hard

Practice question

A party in a proper CA case argues that the court may receive evidence only if the case began in a lower tribunal, so it cannot resolve a factual issue in an original writ case. Which RA7902 text answers?
  1. The factual-resolution power expressly applies in original as well as appellate cases
  2. Only appellate jurisdiction permits evidence
  3. Original jurisdiction never permits factual inquiry
  4. The parties must create a new tribunal
  5. Only the executive may receive facts

Legal references

  • RA7902 amended BP129 Section9: https://lawphil.net/statutes/repacts/ra1995/ra_7902_1995.html
  • St Martin Funeral Home v NLRC GR130866 September16,1998 MAIN: https://www.lawphil.net/judjuris/juri1998/sep1998/gr_130866_1998.html

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