Practice question
A tribunal has general authority over the case, but the challenger alleges a particular act was capricious and whimsical to the degree of grave abuse amounting to lack or excess of jurisdiction. The opponent says initial jurisdiction makes Rule65 categorically impossible. Which is best?
- Initial jurisdiction always immunizes every act from Rule65
- Every allegation of grave abuse automatically succeeds
- Only lack of subject-matter jurisdiction can ever matter
- Grave abuse amounting to lack or excess is an express ground, but the challenger must establish that high threshold and the other remedy requirements
- Ordinary factual error necessarily proves the threshold
Legal references
- Rules of Court Rule65 Section1; G.R.169649/185594: https://lawphil.net/courts/rules/rc_1-71_civil.html
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