Practice question
After adjudicating alleged notarial violations, an Executive Judge dismisses a verified complaint. The aggrieved complainant wants the Supreme Court to review that disposition and proposes simply refiling the identical complaint to bypass an appeal. Under Guerrero and Rule XI, which is correct?
- The prescribed recourse is an appeal for Supreme Court review; identical refiling is not a substitute.
- Identical refiling is always the exclusive remedy.
- Only the respondent may seek review.
- The Supreme Court cannot review a dismissal.
- An omitted administrative case number makes appeal legally unavailable.
Legal references
- 2004 Rules on Notarial Practice, Rule XI Section 1, quoted and applied in Guerrero v Gonzaga, AC10317, MAIN opinion: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70149
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