Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A respondent continues the principal case after a Rule65 petition is filed. The petitioner claims filing alone froze all proceedings. No TRO, preliminary injunction, or special stay rule applies. Which is correct?
  1. Every certiorari petition is an automatic stay
  2. The filing alone does not interrupt the principal case
  3. The petitioner may privately command the judge to stop
  4. All later proceedings are automatically void
  5. A stay can never be issued

Legal references

  • Rule65 Section7: https://lawphil.net/courts/rules/rc_1-71_civil.html

Answer this question in flashcards to review your response and continue practicing.