2013 (Remedial Law) Bar Exam Questions: Multiple Choice Question 20

[Answer/discuss the question below. Or jump to Remedial Law Essay Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10; Remedial Law Multiple Choice Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19; See also Remedial Law Instructions and 2013 Bar Exam: Information, Discussions, Tips, Questions and Results]

XX.

The Labor Arbiter, ruling on a purely legal question, ordered a worker’s reinstatement and this ruling was affirmed on appeal by the NLRC whose decision, under the Labor Code, is final. The company’s recourse under the circumstances is to ___________ . (1%)

(A) file a motion for reconsideration and if denied, file a petition for review with the Court of Appeals on the pure legal question the case presents.

(B) file a motion for reconsideration and if denied, appeal to the Secretary of Labor since a labor policy issue is involved.

(C) file a motion for reconsideration and if denied, file a petition for certiorari with the Court of Appeals on the ground of grave abuse of discretion by the NLRC.

(D) file a motion for reconsideration and if denied, file a petition for review on certiorari with the Supreme Court since a pure question of law is involved.

(E) directly file a petition for certiorari with the Court of Appeals since a motion for reconsideration would serve no purpose when a pure question of law is involved.

6 comments

    1. Yup C din po ako, and my legal basis is St. martin funeral case. And i think pampagulo lang yung purely legal question, as far as i can recall pagkatapos mo sa NLRC , R.65 ka but to CA by virtue of the pronouncement in the above mentioned case. And my cardinal rule when it comes to decisions of courts or tribunal which are declared final by law would not preclude recourse to R.65

      1. Pwede rin ata E depende kung exception tlga yung Purely legal question sa mfr bago certiorari, di ko na kasi ma tandaan kung exception sya tlga.

Leave a Reply

Your email address will not be published. Required fields are marked *