Philippine Bar review · Question

Practice question: Error of Jurisdiction vs. Error of Judgment

Multiple Choice Medium

Practice question

A court has jurisdiction and resolves conflicting testimony against a party. The party alleges only that a witness should have been believed differently, with no jurisdictional defect or grave abuse shown. Which is best?
  1. That is ordinarily a merits issue for the proper appeal, not automatic certiorari
  2. Every credibility disagreement proves grave abuse
  3. The court retroactively loses subject-matter power
  4. A new coequal case is always required
  5. The losing party may declare the judgment nonexistent

Legal references

  • G.R.169649/185594, main decision: https://lawphil.net/judjuris/juri2023/jan2023/gr_169649_2023.html

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