Practice question
What is the ordinary Rule 45 limitation on issues distinctly raised in the petition?
- Only questions of law, subject to recognized jurisprudential exceptions
- Only the party’s preferred witness list
- Every factual issue must be retried as of right
- Only the parties’ addresses
- No legal issue may be considered
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.
Answer this question in flashcards to review your response and continue practicing.