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?
- The pending request itself necessarily is a TRO.
- A request for a stay is not an issued stay; filing alone does not interrupt the principal case.
- The accused may privately issue the stay.
- The judge loses jurisdiction when counsel mentions certiorari.
- 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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