Log In Create Account

Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A Supreme Court division proposes to reverse a doctrine previously laid down by another division, claiming that a majority of its own members is enough. Which Article VIII rule applies?
  1. Any individual Justice may reverse every doctrine alone
  2. Only Congress may ever modify a judicial doctrine
  3. A new division may always reverse doctrine without en banc action
  4. A doctrine laid down en banc or in division may be modified or reversed only by the Court sitting en banc
  5. A doctrine disappears automatically after one year

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.

Answer this question in flashcards to review your response and continue practicing.