Rule 65 (4/4) Finals

Question 1

LECTURE

45
- mode of appeal

65
- special civil & original action

why important to distinguish?

action for quieting of title not exceeding 400k cognizable to MTC and adverse judgment so you go r40, then if adverse, go r42 to CA > (this is APPEAL)

MTC issued interlocutory order of the admissibility of evidence > MR then R65 RTC certiorari > RTC ruled adverse to you and filed MR > R41 because original action on question of facts & law filing only notice of appeal in the RTC

Question 2

Distinctions

45
- against final judgment

65
- against IO

situations where r65 certiorari is the better option on the judgment on the merits?

Answer 2

[1]small claims.

you cannot appeal small claims decision in MTC filed in the RTC

[2] Summary Procedure

question decision of RTC on appeal from cases on the MTC governed by Sum Pro.

xxx

[3] COMELEC, COA

on the judgment of their merits, you file R65

[4] NLRC?
go to CA via r65 questoining

Question 3

what kind of corporation is referred to under prohbition/mandamus?

Answer 3

public function or whose function imbued with public interest and not pRIVATE corporation.

Question 4

Ayala land does soemthing to ATty Glaones property. can you file ?

VECO

other private corp with public functions

Answer 4

No, beause no act of judicial. quasi-ujudicial or ministerial function

while private corp, it is performing public function

[C]
PAL, etc.

Question 5

R65 - judicial qusaijudical
R65 Prohibition - “ “ + **ministerial function

Sheriff enforce writ of execution which is ministerial

can you apply prohibition?

Answer 5

Yes,

Question 6

Ter filed against Gal in RTC for recovery of ownership & possession of parcel land of 200k not cognizable by the RTC

Gal files motion to dismiss. Judge refused to dismiss and denied his MTD.

Gal MRed and was denied.
Gal r65 prohibition & r65 certiorari

Question 7

illustration for discretinary and ministery act

MTC ejectment case. Case for ejectment had not been resolved after the lapse of 2 years. Constitution provides that cases should be done in 3 months

Can i file a case of mandamus - Yes, you can compel the judge to render (ministerial)

file a case of mandamus to resolve it in his favor (discretaionary)

MTD before pandemic (2018) and no resolution until August 2023, then manadamus