SCA Rule 64

Question 1

ToF. The only question that may be raised in a petition for certiorari under Section 2, Rule 64 of the Rules of Court is whether or not the COMELEC acted with grave abuse of discretion amounting to lack or excess of jurisdiction.

Answer 1

True

Question 2

Distinguish between Rule 64 and Rule 65

Answer 2

1. Rule 64 involves the review of the judgment, final orders, or resolution of the COMELEC and COA while Rule 65 involves review of the decision, orders or
   resolution of the court or tribunal exercising judicial and quasi-judicial functions
2. Rule 64 petition shall be filed to the SC within 30 days from notice of the judgment or final order sought to be reviewed while Rule 65 shall be filed within 60 days from the notice of judgment, orders or resolution or notice of the denial of the motion for reconsideration or new trial
3. In Rule 64 Filing of motion for reconsideration can be made if allowed by the Rules of the Commission while Rule 65 involves Filing of a motion for reconsideration is a condition sine qua non for the filing of the petition, unless it falls under the exception

Question 3

PERIOD TO FILE PETITION

Answer 3

The petition shall be filed within thirty (30) days from notice of the judgment or final order or resolution sought to be
reviewed. The filing of a motion for new trial or reconsideration of said
judgment or final order or resolution, if allowed under the procedural rules of
the Commission concerned, shall interrupt the period herein fixed. If the
motion is denied, the aggrieved party may file the petition within the
remaining period, but which shall not be less than five (5) days in any event,
reckoned from notice of denial.

Question 4

ToF. The fresh period rule applies in Rule 64.

Answer 4

False

Question 5

What is the remedy in case of denial of MFR?

Answer 5

The aggrieved party may file a petition within the remaining period, but which shall not be less than five (5) days in any event, reckoned from notice of the denial.

Question 6

ToF. The petition does not require a sworn certification against forum shopping

Answer 6

False

Question 7

What is grave abuse of discretion?

Answer 7

Grave abuse of discretion refers to capricious or whimsical exercise of judgment as is equivalent to lack of jurisdiction. The abuse of discretion must be patent and gross as to amount an evasion of a positive duty or a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as where the power is exercised in an arbitrary and despotic manner by reason of passion and hostility.

Question 8

ToF. The filing of a petition for certiorari shall stay the execution of the judgment or final order or resolution sought to be reviewed.

Answer 8

False