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Philippine Bar review · Question

Practice question: Appeal by Certiorari to SC (Rule 45)

Multiple Choice Medium

Practice question

A litigant files a Rule 45 appellate petition but says it must prove the absence of every appeal because the title includes certiorari. Which distinction matters?
  1. The shared word makes both remedies identical.
  2. Rule 45 is never appellate.
  3. Every Rule 45 filing necessarily is an original damages action.
  4. A petition’s caption erases the governing rule.
  5. Rule 45 appellate review differs from the special civil action under Rule 65.

Legal references

  • Rules of Court, Rules 41-45, particularly the petition contents, comment, record and route provisions specified: https://lawphil.net/courts/rules/rc_1-71_civil.html

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