Practice question
An administrative case against an incumbent judge was pending when the 2025 CJCA took effect. The judge insists that pending cases are categorically excluded. Which correctly states the transitory clause?
- The Code applies to pending and future cases, subject to the Supreme Court’s determination that retroactive application would not be feasible or would work injustice
- Only future cases are ever covered
- The judge may unilaterally elect the oldest available procedure
- All pending cases must be dismissed automatically
- Every retroactive application is mandatory even when the Supreme Court finds injustice
Legal references
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/11/100836 — A.M. 25-04-04-SC, November 11, 2025, CJCA Preamble and General Provisions, Sections 1–3.
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