Rule 46

Question 1

What is the difference between Rule 46 and Rule 44?

Answer 1

Rule 44 deals with appealed cases. Rule 46 deals with original cases. Remember
that the CA is both an original and appellate court.

Question 2

What are these original cases which can be filed in the CA?

Answer 2

1. Certiorari, 2. prohibition, 3. mandamus, 4. quo warranto, 5. annulment of judgment of the RTC.

Question 3

How is jurisdiction over the person of respondent acquired?

Answer 3

:) upon service on the respondent of the CA’s order or by voluntary submission to CA’s jurisdiction

Question 4

What is the effect of failure to file a comment under rule 46?

Answer 4

The case may be decided in the basis of the record without prejudice to any disciplinary action against the disobedient party

Question 5

How is jurisdiction over the person of the respondent acquired under Rule 46?

Answer 5

1. upon service on the respondent of the CA’s order or resolution indicating its initial action on the petition
2. by voluntary submission

Question 6

What are the possible action of the Court upon receipt of the case under Rule 46?

Answer 6

1. dismiss the petition outright with specific reasons for its dismissal
2. require the respondent to file a comment on the same within 10 days therefrom