Practice question
A proper Rule 65 petition challenges a bail denial. Does filing it alone automatically stay the criminal case?
- No.
- Yes, every petition automatically stays trial.
- Yes, the petitioner’s caption substitutes for an injunction.
- Yes, the lower court must wait indefinitely in every case.
- Yes, service of a draft petition is a final stay order.
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
Answer this question in flashcards to review your response and continue practicing.