Philippine Bar review · Question

Practice question: Remedy When Denied

Multiple Choice Hard

Practice question

A certiorari petitioner asks the trial court to stop all proceedings solely because an application for a TRO is pending, but no TRO or injunction issued. What follows from Section 7?
  1. The pending request itself necessarily is a TRO.
  2. A request for a stay is not an issued stay; filing alone does not interrupt the principal case.
  3. The accused may privately issue the stay.
  4. The judge loses jurisdiction when counsel mentions certiorari.
  5. The criminal case automatically is dismissed.

Legal references

  • Rules of Court, Rule 65, Sections 1, 4-5 and 7, and Rule 46, Section 3: https://lawphil.net/courts/rules/rc_1-71_civil.html
  • Leviste v. Court of Appeals, G.R. No. 189122, March 17, 2010, MAIN decision, postconviction discretion and qualified certiorari review: https://lawphil.net/judjuris/juri2010/mar2010/gr_189122_2010.html

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