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Rule 65 Certiorari

Name:

CERTIORARI IS A PREROGATIVE WRIT TO SECURE A JUDGMENT ANNULLING OR MODIFYING THE PROCEEDING OF A TRIBUNAL, BOARD OR OFFICER,

TRUE

FALSE

RULE 65 RAISES QUESTIONS OF LAW.

TRUE

FALSE

The denial of a prior motion for reconsideration or new trial gives the filing party a fresh period of 60 days for the filing of a Rule 65 petition for certiorari.

TRUE

FALSE

Since Rule 65 specifically requires that the respondent be a tribunal, board, or officer exercising judicial or quasi- judicial functions, recent pronouncements of the Court cannot extend the reach of the petition to functions that are neither judicial or quasi-judicial.

True

False

Among these, the following is NOT a requisite to avail of Certiorari under rule 65:

The petition is directed against a tribunal, board or officer exercising judicial or quasi-judicial functions

The tribunal, board or officer has not acted without or in excess of jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction.

There is neither appeal nor any plain, speedy and adequate remedy in the ordinary course of law

0

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