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Petition for Certiorari: Key Legal Insights

The document contains questions and answers about petitions for certiorari. It states that filing a petition does not automatically stay lower court proceedings, but a stay can be granted if a temporary restraining order or preliminary injunction is also sought from the higher court. Grounds for dismissal of a petition include being without merit, prosecuted for delay, or raising unsubstantial questions, but not lacking legal standing. Finally, the document notes that after a petition is filed, the court is not obligated to hear the case or decide on the merits without prompting.

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Prince Calimbo Villa
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44 views1 page

Petition for Certiorari: Key Legal Insights

The document contains questions and answers about petitions for certiorari. It states that filing a petition does not automatically stay lower court proceedings, but a stay can be granted if a temporary restraining order or preliminary injunction is also sought from the higher court. Grounds for dismissal of a petition include being without merit, prosecuted for delay, or raising unsubstantial questions, but not lacking legal standing. Finally, the document notes that after a petition is filed, the court is not obligated to hear the case or decide on the merits without prompting.

Uploaded by

Prince Calimbo Villa
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

QUESTIONS:

Essay
Q: Does Filing of a Petition stay the proceedings of the lower court?
Cite with legal basis the requisites upon which the Proceedings may be
stayed by the lower court.
A: No, the filing of a Petition for Certiorari stay the proceedings of the lower
court.
Under the Rules of Court, the filing of a petition for certiorari does not
interrupt the course of the principal action, unless an application for a
temporary restraining order or a writ of preliminary injunction is granted by
the higher court.
The requisites to stay the proceedings are:
o Petition for certiorari
o Writ of preliminary injunction/TRO

Multiple Choice
Q: The following are grounds for the dismissal of a Petition for Certiorari under
Rule 65 except:
a. Petition patently without merit
b. Prosecuted manifestly for delay
c. Questions raised are too unsubstantial to require consideration
d. Legal Standing
A: d. Legal Standing

True or False
Q: After filing the petition for certiorari, the court no longer has to hear the
case and decide on the merit motu poprio
A: FALSE

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