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Philippine Bar review · Question

Practice question: Certiorari, Prohibition, and Mandamus (Rule 65)

Multiple Choice Hard

Practice question

A certified Rule65 judgment is served as directed on the respondent officer. The officer deliberately disobeys it and argues Rule65 contains no enforcement consequence. Which is correct?
  1. Every special-action judgment is advisory
  2. Section9 provides contempt for disobedience and execution for awarded damages or costs
  3. Only a new legislature can enforce it
  4. The officer may ignore every certified order
  5. Only the petitioner’s consent matters

Legal references

  • Rules1 and62–70, special civil actions and specific procedural provisions: https://lawphil.net/courts/rules/rc_1-71_civil.html
  • 2019 amendments AM19-10-20-SC, retained special civil action provisions: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
  • AM07-7-12-SC, December4,2007, amended Rule65: https://lawphil.net/courts/rules/am_07-7-12-sc_2007.html

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