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Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

An ordinary non-tax civil case began in a first-level court and was decided on appeal by the RTC. A further appeal raising mixed factual and legal issues is authorized. Which ordinary route applies?
  1. A Rule 42 petition for review in the Court of Appeals
  2. A new original criminal case in the CA
  3. An appeal to the barangay council
  4. An automatic appeal to the CTA
  5. A second appeal as of right by mere notice directly to the Supreme Court

Legal references

  • https://lawphil.net/statutes/repacts/ra1995/ra_7902_1995.html — RA 7902 section 1, current BP 129 section 9, original writ, annulment, appellate and factual-hearing powers.
  • https://lawphil.net/courts/rules/rc_1-71_civil.html — Rules 42 and 43, relevant review routes, and Rule 47 sections 1 and 10, RTC versus first-level court annulment.
  • https://lawphil.net/statutes/repacts/ra2004/ra_9282_2004.html — amended CTA charter sections 7 and 19, special tax appellate jurisdiction and Supreme Court review of CTA en banc.
  • https://lawphil.net/statutes/repacts/ra2008/ra_9503_2008.html — section 1, CTA’s current rank at the same level as the Court of Appeals.

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