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Codal Rehash No 1

The document is a blank fill-in-the-blank worksheet with 25 blank lines. It also contains a short essay response that discusses case law regarding when the Supreme Court can exercise original jurisdiction over extraordinary writs. The essay indicates that rather than special circumstances, it is the nature of the question raised in exceptions that allows the Supreme Court to directly hear a case. It then discusses a specific case regarding a Petition for Prohibition that could have been filed in a lower court first before the Supreme Court. The response finds the contention of NPC to be meritorious.

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Ralph Cortez
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468 views1 page

Codal Rehash No 1

The document is a blank fill-in-the-blank worksheet with 25 blank lines. It also contains a short essay response that discusses case law regarding when the Supreme Court can exercise original jurisdiction over extraordinary writs. The essay indicates that rather than special circumstances, it is the nature of the question raised in exceptions that allows the Supreme Court to directly hear a case. It then discusses a specific case regarding a Petition for Prohibition that could have been filed in a lower court first before the Supreme Court. The response finds the contention of NPC to be meritorious.

Uploaded by

Ralph Cortez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Essay

Yes.

Case law dictates that the presence of one or more of the so-called "special and important reasons" is
not the decisive factor considered by the SC in deciding whether to permit the invocation, at the
first instance, of its original jurisdiction over the issuance of extraordinary writs. Rather, it is the
nature of the question raised by the parties in those "exceptions" that enabled the SC to allow the direct
action before it.

Here, the Supreme Court has concurrent jurisdiction to issue a Petition for Prohibition with the RTC and
CA. The principle of concurrence of jurisdiction should follow the hierarchy of courts. The Petition for
Prohibition should have been therefore filed first to the RTC.

Thus, the contention of NPC is meritorious.

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