Rule 64 (3/4) Finals Flashcards
LECTURE
knowledge check: what are the 3 constitutional commissions
COA
COMELEC
CSC
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?
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
r65 is to be filed in w/in 60 days, but in r64 is only 30 days based on the COnstitution
is the neypes doctirne applicable to 64 as it is applicable in 65?
No, the filing of MR will only interrupt and the remaining period of time to file 64
can you file injunctive relief in r64?
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 .
[A]
remedies to question CSC render in exercise of its adjudicatory of quasi-judicial
COMELEC COA
[C]
Effect
r43 file to CA
r64, SC in 30 cal days
[C]
remaining period of time. No fresh period