Sanchez, Ferdinand.

Proper remedies (in the supreme court) : rule 45 or rule 65? (includes cases and jurisprudence up to july 31, 2008) / Ferdinand Sanchez and Artemio R. Villaluz, Jr. - Manila : Lexpertbooks, c2008. - iv, 84 pages : 23 cm.

Contents: Jurisdiction of the supreme court -- Procedure in the supreme court -- Recent development in criminal procedure -- Rule 45 and rule 65 pertain to different remedies and have distinct applications -- Appeal by certiorari (rule 45) and special civil action of certiorari (rule 65), distinguished -- Errors of jurisdiction, rule 65 petition; errors of judgment, rule 45 petition -- Certiorari cannot be availed of if the remedy of appeal is available -- Two-headed petition, proscribed -- Distinction between questions of law and questions of fact -- Distinction between questions of law and questions of fact -- Factual issue bar rule -- Questions of law and fact as determined by the supreme court -- Rule 45- Appeal by petition for review on certiorari -- Court of appeals, decision, final order or resolution, proper remedy is rule 45 -- Certain cases where resort to tule 65 considered proper -- Sandiganbayan, decision, final order or resolution, proper remedy is rule 45 -- Appeal from the regional trial court -- Decision of the regional trial court sitting as a special agrarian court, in a petition for determination of just compensation, the remedy is rule 43, not notice of appeal -- An order granting the petition for issuance of a writ of preliminary injunction where the question posed is one of law, remedy is held to be rule 45 -- Commission on elections and the commission of audit , appeal from judgment or final order or resolution is governed by rule 64 and 65 -- Court of tax appeals en banc, appeal from decision or ruling is rule 45 -- Exceptions; supreme court may treat rule 65 petition as having been filed under rule 45 -- Quasi-judicial bodies, whether the appeal involves questions of face, of law, or mixed questions of fact and law, shall be by petition for review under rule 43 -- Cases where e exception to the double jeopardy rule applied.


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