Philippine Bar review · Question

Practice question: Error of Jurisdiction vs. Error of Judgment

Multiple Choice Easy

Practice question

Does the phrase petition for review on certiorari in Rule 45 make it identical to the special civil action under Rule 65?
  1. No.
  2. Yes; their purposes and conditions are identical.
  3. Yes; the titles abolish all remedial distinctions.
  4. Yes; Rule 45 always requires an absent appeal.
  5. Yes; every ordinary legal error is necessarily grave abuse.

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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