Distinguish certiorari as a Mode of Appeal Rule 45 from certiorari as a Special

Distinguish certiorari as a mode of appeal rule 45

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115.Distinguish certiorarias a Mode of Appeal (Rule 45) from certiorarias a Special Civil Action (Rule 65). Petition for Review on Certiorari Under Rule 45 (Mode of Appeal) Special Civil Action for Certiorari Under Rule 65 (Original Action) Nature A mode of appeal, a continuation of the case subject of the appeal. A special civil action, an original action and NOT a mode of appeal. Basis Questions of law. Questions of jurisdiction because a tribunal, board or officer exercising judicial or quasi-judicial functions has acted: - without jurisdiction; - in excess of jurisdiction; or - with grave abuse of discretion amounting to lack of jurisdiction Subject Final judgements or final orders. Interlocutory orders prior to appeal or matters where no appeal or any other plain, speedy or adequate remedy may be taken from. Parties Parties are the original parties to the action: - Petitioner (appealing party) - Respondent (adverse party) The lower court or its judge is NOT impleaded. Parties are: - Petitioner (aggrieved party) - Respondents (lower court or quasi- judicial agency and prevailing parties) The tribunal, board or officer exercising
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42 | CLEAR Bar Ops Petition for Review on Certiorari Under Rule 45 (Mode of Appeal) Special Civil Action for Certiorari Under Rule 65 (Original Action) judicial or quasi-judicial functions is impleaded as respondent. Where to File Only with the Supreme Court. RTC Court of Appeals Sandiganbayan, Supreme Court; Note: In election cases involving an act or omission of MTC or RTC, the petition shall be filed exclusively with the COMELEC, in aid of its appellate jurisdiction (A.M. No. 07-7-12-SC, December 27, 2007) Period for Filing Must be filed within 15 days from notice of judgment, final order or resolution appealed from. Supreme Court may grant an extension of 30 days. Must be filed not later than 60 days from notice of judgment, order or resolution or denial of MR or MNT. No extension of time to file petition under this rule. (A.M. No. 07-7-12-SC 2 [effective December 27, 2007] amended Sec. 4 of Rule 65 and deleted the provision granting 15 days extension for compelling reasons). Effect It stays the judgment appealed from. It does not stay the judgement or order subject of the petition UNLESS a temporary restraining order or a writ of preliminary injunction has been issued. Filing of a Motion for Reconsideration Prior filing of a motion for reconsideration is not required. A motion for reconsideration is, generally, a condition precedent. Jurisdiction Appellate jurisdiction of the Supreme Court over judgments of the Court of Appeals, Sandiganbayan, CTA, RTC and other courts. a. Concurrent original jurisdiction of the Supreme Court with the RTC and Court of Appeals. b. Exclusive original jurisdiction of the Supreme Court as to judgment, final order or resolution of COMELEC and COA. 116. Distinguish Quo Warranto from Impeachment as a remedy to remove an impeachable officer. QUO WARRANTO IMPEACHMENT Judicial in nature. Political in nature. Cause of action lies on usurping, intruding or unlawfully holding/ exercising a public office.
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