Practice question
A judge is named as public respondent in a bail-denial certiorari case. Must the judge personally file an adversarial defense unless the reviewing court directs otherwise?
- No; Rule 65, Section 5 ordinarily precludes public respondents from appearing or commenting unless specifically directed.
- Yes, the judge automatically becomes private counsel for the prosecution.
- Yes, the judge must personally pay every private respondent’s costs.
- Yes, the judge must seek conviction to defend the denial.
- Yes, the private adverse party is prohibited from participating.
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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