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    Prince Calimbo Villa
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    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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    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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    © All Rights Reserved
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    12 views1 page

    Questions: Essay

    Uploaded by

    Prince Calimbo Villa
    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.

    Copyright:

    © All Rights Reserved
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    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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