Practice question
During a case within its general authority, a tribunal commits a stipulated patent, gross and despotic refusal to perform a positive duty, amounting to grave abuse. No appeal or other plain, speedy and adequate remedy exists, and the other Rule 65 requirements are met. Does original subject-matter competence alone defeat certiorari?
- No; qualifying grave abuse is a separate Rule 65 basis.
- Yes; initial competence immunizes every later act.
- Yes; a tribunal can never exceed authority once a complaint is filed.
- Yes; Rule 65 addresses only errors by a court with no statutory existence.
- Yes; even established grave abuse is always ordinary appeal only.
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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