Philippine Bar review · Question

Practice question: Petition for Review on Certiorari to SC

Multiple Choice Easy

Practice question

In an ordinary Rule 45 petition from a CA labor judgment, should the lower court and its judges be impleaded as adverse respondents?
  1. Yes; the judges necessarily become personal judgment debtors.
  2. Only the appellate court’s landlord should be named.
  3. No; Rule 45 directs naming the adverse party without impleading the lower courts or judges.
  4. The successful private party must always be omitted.
  5. Every judge must personally defend the judgment as a litigant.

Legal references

  • Rules of Court, Rule 45 Sections 2, 4-7: https://lawphil.net/courts/rules/rc_1-71_civil.html

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