Philippine Bar review · Question

Practice question: Error of Jurisdiction vs. Error of Judgment

Multiple Choice Hard

Practice question

A party proves a minor procedural sequencing mistake but establishes no grave abuse, and says the word procedure makes the judgment automatically void. Which is correct?
  1. Every sequencing mistake conclusively proves absence of jurisdiction.
  2. A procedural error may remain an error of judgment; its actual jurisdictional significance must be established.
  3. Procedure errors never need analysis.
  4. The party may convert every mistake into a special action by vocabulary alone.
  5. A minor mistake necessarily permits unlimited collateral attack.

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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