Practice question
A litigant calls a Rule 45 petition a special civil action solely because both remedies contain the word certiorari. Which correction is necessary?
- The shared word makes every filing interchangeable.
- The party may select deadlines without regard to the rule.
- Every appeal automatically satisfies Rule 65.
- No distinction exists between judgment review and jurisdictional review.
- Examine the governing rule, challenged act, grounds and remedy conditions rather than the shared word.
Legal references
- Heirs of Barraquio v. Almeda Incorporated, G.R. Nos. 169649 and 185594, January 16, 2023, main decision, Rule 45 versus Rule 65 and errors of procedure: https://lawphil.net/judjuris/juri2023/jan2023/gr_169649_2023.html
- Rules of Court, Rule 9 Section 1 and Rule 65 Section 1, read with applicable amendments: https://lawphil.net/courts/rules/rc_1-71_civil.html
Answer this question in flashcards to review your response and continue practicing.