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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

In a case properly within its original jurisdiction, the CA finds a material factual issue requiring evidence. A party insists that the court must dismiss because only trial courts can receive evidence and the CA can never conduct a hearing. Which is correct?
  1. The party is correct in every original CA proceeding
  2. The CA must refer the case to private arbitration regardless of consent
  3. The CA may exercise its statutory hearing and evidence-reception powers to resolve factual issues within its jurisdiction
  4. The presence of a factual issue automatically gives the CTA jurisdiction
  5. The CA may decide by speculation because evidence is forbidden

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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