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All ▸ Bar 2024 ▸ REMEDIAL LAW, LEGAL AND JUDICIAL ETHICS ▸ II. JURISDICTION ▸ C. Jurisdiction of the Philippine Courts (B.P. Blg. 129, as amended) ▸ 2. Collegiate Courts ▸ a. Court of Appeals - B.P. Blg. 129, as amended by R.A. No. 7902

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Question

Collegiate Courts: Court of Appeals

A group of shareholders filed a petition for certiorari before the Court of Appeals, challenging a decision rendered by the Securities and Exchange Commission (SEC) involving their rights as shareholders of a corporation. The petitioners claimed that the SEC committed grave abuse of discretion in its decision.

In deciding the case, the Court of Appeals noted that there were procedural defects in the petition filed by the shareholders. The court opined that the petitioners failed to comply with certain requirements prescribed under the Rules of Court for petitions for certiorari. As a result, the Court of Appeals dismissed the petition for certiorari on the ground of non-compliance with procedural requirements.

The shareholders, dissatisfied with the decision of the Court of Appeals, wish to elevate the case to the Supreme Court for review. They seek your advice on the possible legal remedies available to them.

  1. What is the applicable law governing the jurisdiction and powers of the Court of Appeals?
  2. What are the grounds for the dismissal of a petition for certiorari before the Court of Appeals?
  3. What are the possible legal remedies that the shareholders may avail of to have the decision of the Court of Appeals reviewed by the Supreme Court?

Answer

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