Philippine Bar review · Question

Practice question: Error of Jurisdiction vs. Error of Judgment

Multiple Choice Medium

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?
  1. The shared word makes every filing interchangeable.
  2. The party may select deadlines without regard to the rule.
  3. Every appeal automatically satisfies Rule 65.
  4. No distinction exists between judgment review and jurisdictional review.
  5. 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

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