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Philippine Bar review · Question

Practice question: Supreme Court (Const., Art. VIII)

Multiple Choice Hard

Practice question

A litigant files directly in the Supreme Court a fact-intensive extraordinary-writ case within concurrent jurisdiction, relying only on the existence of original jurisdiction and showing no recognized basis to bypass the proper lower forum. Which is correct under Gios-Samar?
  1. Concurrent original jurisdiction gives an unrestricted choice to demand immediate Supreme Court fact-finding
  2. The Supreme Court has no original jurisdiction over any extraordinary writ
  3. The hierarchy of courts remains applicable; original jurisdiction does not itself justify the direct fact-intensive filing
  4. A preference for a faster result automatically supplies an exception
  5. All factual disputes are constitutionally forbidden in every lower court

Legal references

  • https://lawphil.net/consti/cons1987.html — Constitution, Article VIII sections 1–2, 4–6, Supreme Court judicial power, protected jurisdiction, original and review powers, en banc authority and rulemaking.
  • https://lawphil.net/judjuris/juri2019/mar2019/gr_217158_2019.html — Gios-Samar, Inc. v. DOTC, G.R. No. 217158, March 12, 2019, main decision on hierarchy of courts and direct recourse.

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