Philippine Bar review · Question

Practice question: Error of Jurisdiction vs. Error of Judgment

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Multiple Choice Easy

Practice question

Can a procedural mistake by a court acting within its jurisdiction be an error of judgment?
  1. No; every procedural mistake necessarily means no subject-matter power.
  2. Yes.
  3. No; only factual mistakes can be judgment errors.
  4. No; every procedural objection automatically proves grave abuse.
  5. No; procedure is beyond appellate review.

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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