Rule 45 – Appeal by Certiorari to the Supreme Court

E1014405

Rule 45 – Appeal by Certiorari to the Supreme Court is a procedural rule in Philippine law that governs how parties may directly elevate questions of law from lower courts to the Supreme Court through a petition for review on certiorari.

All labels observed (4)

How this entity was disambiguated

Statements (50)

Predicate Object
instanceOf Philippine legal procedure ⓘ
procedural rule ⓘ
rule of court ⓘ
appliesTo appeals raising only questions of law ⓘ
country Philippines ⓘ
courtInvolved Supreme Court of the Philippines ⓘ
decisionFinality Supreme Court decision is final ⓘ
no further appeal is allowed ⓘ
discretionary Supreme Court may deny petition outright ⓘ
distinctionFromRule65 Rule 45 is a mode of appeal ⓘ
Rule 65 is an original special civil action ⓘ
linked to: Rule 65
distinguishedFrom Rule 65 petition for certiorari ⓘ
effectOfAppeal does not stay judgment by mere filing ⓘ
excludes mixed questions of fact and law ⓘ
questions of fact ⓘ
extensionCondition motion for extension filed and good cause shown ⓘ
extensionLimit 30 days ⓘ
extensionPossible yes ⓘ
governs appeal by certiorari to the Supreme Court ⓘ
petition for review on certiorari ⓘ
groundForDenial failure to raise pure questions of law ⓘ
failure to show reversible error ⓘ
jurisdictionalBasis Constitutional power of Supreme Court to review cases ⓘ
legalSystem Philippine legal system ⓘ
modeOfReview petition for review on certiorari ⓘ
natureOfProceeding continuation of the original case ⓘ
partOf Rules of Court of the Philippines ⓘ
requires arguments supporting the petition ⓘ
clearly legible annexes of the questioned judgment or final order ⓘ
concise statement of matters involved ⓘ
payment of docket and other lawful fees ⓘ
proof of service of petition on adverse party and lower court ⓘ
specific assignment of errors ⓘ
statement of material dates ⓘ
that the assailed judgment or final order be final ⓘ
verified petition ⓘ
scope civil cases ⓘ
criminal cases ⓘ
special civil actions ⓘ
sourceCourt Court of Appeals of the Philippines ⓘ
Court of Tax Appeals ⓘ
Regional Trial Courts of the Philippines ⓘ
Sandiganbayan ⓘ
other courts in cases allowed by law ⓘ
standardOfReview questions of law only ⓘ
stayOfExecution requires discretionary order of Supreme Court ⓘ
timeLimit 15 days from notice of denial of motion for new trial or reconsideration ⓘ
15 days from notice of judgment or final order appealed from ⓘ
typeOfRemedy appeal ⓘ
discretionary review ⓘ

How these facts were elicited

Referenced by (4)

Full triples — surface form annotated when it differs from this entity's canonical label.

Rules of Court of the Philippines → contains → Rule 45 – Appeal by Certiorari to the Supreme Court ⓘ
Rule 44 – Ordinary Appealed Cases → distinguishedFrom → Rule 42 – Petition for Review ⓘ
linked to: Rule 45 – Appeal by Certiorari to the Supreme Court
Rule 45 – Appeal by Certiorari to the Supreme Court → distinctionFromRule65 → Rule 45 is a mode of appeal ⓘ
linked to: Rule 45 – Appeal by Certiorari to the Supreme Court
Rule 50 – Dismissal of Appeal → relatedTo → Rule 42 – Petition for Review from the Regional Trial Court ⓘ
linked to: Rule 45 – Appeal by Certiorari to the Supreme Court