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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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A private landowner, A, filed a complaint in the Regional Trial Court (RTC) for quieting of title and damages against a neighbor, B. The RTC ruled in favor of A. B appealed to the Court of Appeals (CA), which affirmed the RTC’s judgment. Thereafter, A filed with the Supreme Court a petition for certiorari, prohibition, and other extraordinary remedies under Rule 65 challenging the CA decision on the ground of grave abuse of discretion amounting to lack or excess of jurisdiction.
(a) Identify whether the matter presented to the Supreme Court is within its original jurisdiction or its appellate jurisdiction, and name the proper forum for reviewing the CA decision in this scenario.
(b) Distinguish the controlling rules governing original versus appellate jurisdiction in this context, including the appropriate vehicle for review of CA decisions.
(c) Apply the doctrine to the facts: Is A’s Rule 65 petition proper? If not, what should A have filed instead and why? If it is proper, under what conditions would it be granted?

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