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?
- The party is correct in every original CA proceeding
- The CA must refer the case to private arbitration regardless of consent
- The CA may exercise its statutory hearing and evidence-reception powers to resolve factual issues within its jurisdiction
- The presence of a factual issue automatically gives the CTA jurisdiction
- 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.
Answer this question in flashcards to review your response and continue practicing.