Practice question
Is Rule 45 review a matter of right merely upon filing a petition?
- Yes, every compliant petition guarantees reversal
- No, review rests on sound judicial discretion for special and important reasons
- Yes, the Court must hear every witness anew
- No, because filing any petition is prohibited
- Yes, any losing party controls the Court’s docket
Legal references
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 45 sections 1–6, verified petition, legal questions, fifteen-day period, qualified thirty-day extension and discretionary review.
- https://lawphil.net/judjuris/juri2005/sep2005/gr_141524_2005.html — Neypes v. Court of Appeals, G.R. No. 141524, September 14, 2005, fresh-period principle applied to Rule 45.
- https://lawphil.net/judjuris/juri2025/jan2025/gr_252841_2025.html — Planters Development Bank v. Heirs of Nilo P. Delos Santos, G.R. No. 252841, January 15, 2025, main decision on the general legal-question rule and conflicting RTC and CA findings as an exception.
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