Philippine Bar review · Question

Practice question: Concept

Multiple Choice Hard

Practice question

A litigant treats Rule 45 review and Rule 65 certiorari as interchangeable because both use the same word. Which corrects this position?
  1. Both are ordinary damages suits.
  2. Both routinely retry all facts.
  3. Rule 45 is an appellate mode; Rule 65 is an original special civil action with separate grounds and requisites.
  4. Rule 65 dispenses with its requisites whenever an appeal is inconvenient.
  5. Rule 45 is provisional attachment.

Legal references

  • https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 1 section 3; Rules 57, 62, 65 and 68.
  • https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — Rule 1 section 3 and Rule 2 section 5(b).

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