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?
- The shared word makes both remedies identical.
- Rule 45 is never appellate.
- Every Rule 45 filing necessarily is an original damages action.
- A petition’s caption erases the governing rule.
- 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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