Rule 64 (3/4) Finals Flashcards

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1
Q

LECTURE

knowledge check: what are the 3 constitutional commissions

A

COA
COMELEC
CSC

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2
Q

what you can question under 64 of the COMELEC & COA that are in the exercise of adjudicatory or quasi-judicail powers questioning ot the SC directly

If we are to question their admin functions?

A

Quirubin v. COMELEC

COMELEC awarding the highest bidder is a administrative function

certiorari under Rule 65 with the RTC. NOT the SC under Rule 64 because this is not aan exercise of judicla and quasi-judicial function

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3
Q

r65 is to be filed in w/in 60 days, but in r64 is only 30 days based on the COnstitution

A
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4
Q

is the neypes doctirne applicable to 64 as it is applicable in 65?

A

No, the filing of MR will only interrupt and the remaining period of time to file 64

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5
Q

can you file injunctive relief in r64?

A

Yes, certioari under 64 and 65 are not continuation of the proceedings that’s why normlaly it does not stay the execution that’s why injunctive relieves can be had .

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6
Q

[A]
remedies to question CSC render in exercise of its adjudicatory of quasi-judicial

COMELEC COA

[C]
Effect

A

r43 file to CA

r64, SC in 30 cal days

[C]
remaining period of time. No fresh period

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