Practice question
A private beneficiary is interested in sustaining a challenged judicial proceeding but is omitted because petitioner names only the judge. Which is correct?
- No adverse person may defend
- Only the judge can ever be respondent
- The beneficiary is necessarily a witness only
- Section5 requires joinder of the interested private respondent
- Private interests disappear in certiorari
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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