Practice question
A party wants to challenge a final CTA En Banc judgment but selects a Rule65 petition solely to replace an available ordinary Rule45 appeal, alleging no qualifying absence of appeal or jurisdictional abuse. Which is correct?
- Rule65 is not an automatic substitute for the available ordinary review mode
- The modes are always interchangeable
- Every losing party has an unlimited certiorari option
- Calling an error grave automatically proves it
- The appeal period disappears after changing labels
Legal references
- Revised CTA Rules: https://lawphil.net/courts/supreme/am/am_05_11_07_cta_2005.html Rule16.
- RA9282 amending RA1125: https://lawphil.net/statutes/repacts/ra2004/ra_9282_2004.html Section19, Supreme Court review under Rule45.
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