Philippine Bar review · Question

Practice question: Error of Jurisdiction vs. Error of Judgment

Multiple Choice Medium

Practice question

A competent court arguably misreads a substantive statute in an appealable final judgment. The challenger establishes only an ordinary legal error and has an adequate appeal. Which characterization is ordinarily correct?
  1. The mistake necessarily abolishes the court’s original jurisdiction.
  2. The party may disregard every appeal requirement.
  3. The statute’s complexity automatically proves despotic conduct.
  4. An error of judgment for the appropriate appellate remedy.
  5. The decision is void solely because counsel has another reading.

Legal references

  • Heirs of Barraquio v. Almeda Incorporated, G.R. Nos. 169649 and 185594, January 16, 2023, main decision, Rule 45 versus Rule 65 and errors of procedure: https://lawphil.net/judjuris/juri2023/jan2023/gr_169649_2023.html
  • Rules of Court, Rule 9 Section 1 and Rule 65 Section 1, read with applicable amendments: https://lawphil.net/courts/rules/rc_1-71_civil.html

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