May the aggrieved party file a petition for certiorari in the Supreme Court under Rule 65 of the 1997 Rules of Civil Procedure, instead of filing a petition for review on certiorari under Rule 45 thereof for the nullification of a decision of the Court of Appeals in the exercise either of its original or appellate jurisdiction? Explain.
The aggrieved party may not invoke Rule 65, as a general rule. The proper remedy is Rule 45 of the Rules of Court which provisions that Petition for Review on Certiorari may be filed with the Supreme Court from the decisions rendered by Court of Appeals in its original or appellate jurisdiction. An exception to this general rule is when Court of Appeals rendered a decision which imposes death penalty or life imprisonment, where here, Rule 65 may apply.
ReplyDeleteRule 65 is not the proper remedy. Generally, Rule 45 allows a Petition for Review on Certiorari to be filed with the Supreme Court for decisions by the Court of Appeals. However, an exception arises when the Court of Appeals imposes the death penalty or life imprisonment, in which case Rule 65 may apply.
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