Philippine Bar review · Question

Practice question: Remedy When Denied

Multiple Choice Medium

Practice question

The accused attaches no assailed bail order, relevant documents or sworn non-forum-shopping certification, assuming their provision is unnecessary because liberty is involved. Which is correct?
  1. Liberty claims automatically abolish all petition requirements.
  2. The reviewing court must invent the missing record.
  3. The denial is automatically reversed for missing attachments.
  4. An oral accusation against the judge is always a complete petition.
  5. The prescribed petition and attachment requirements still must be addressed.

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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