Rule 45 – Appeal by Certiorari to the Supreme Court

E1014405

Philippine legal procedure procedural rule rule of court

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.

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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 NERFINISHED ⓘ
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 NERFINISHED ⓘ Rule 65 is an original special civil action NERFINISHED ⓘ
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 NERFINISHED ⓘ
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 NERFINISHED ⓘ Court of Tax Appeals NERFINISHED ⓘ Regional Trial Courts of the Philippines NERFINISHED ⓘ Sandiganbayan NERFINISHED ⓘ 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 ⓘ

Referenced by (1)

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 ⓘ