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agency, tribunal, corporation, board, officer or person impleaded as public
respondent or respondents.
Unless otherwise specifically directed by the court where the petition is
pending, the public respondents shall not appear in or file an answer or
comment to the petition or any pleading therein. lf the case is elevated to a
higher court by either party, the public respondents shall be included therein
as nominal parties. However, unless otherwise specifically directed by the
court, they shall not appear or participate in the proceedings therein. (5a)
[33] Phil. 532 (2002).
[34] Id. at 535.
[35] Id. at 535-536.
[36] Id. at 536. See also Santos v. Litton Mills Incorporated and/or Atty. Mariño, 667
Phil. 640, 653 (2011) and Security Bank Corporation v. Indiana Aerospace University,
500 Phil. 51, 60 (2005).
[37] Id. at 547.
[38] 427 Phil. 723 (2002).
[39] Id. at 737.
[40] SEC. 2. To what actions applicable. - This Rule shall apply to original actions for
certiorari, prohibition, mandamus and quo warranto.
Except as otherwise provided, the actions for annulment of judgment shall be governed
by Rule 47, for certiorari, prohibition and mandamus by Rule 65, and for quo warranto
by Rule 66. (n)
[41] Republic v. Carmel Dev't. Inc., supra note 38 at 736 (2002).
[42] Id. at 737.
[43] 529 Phil. 718 (2006).
[44] Id. at 727, citing Durban Apartments Corporation v. Catacutan, G.R. No. 167136,
December 14, 2005, 477 SCRA 801, 808 and Teoville Homeowners Association, Inc. v.
Ferreira, 498 Phil. 499, 509-510 (2005).
[45] Administrative Circular No. 3-96 as cited in Republic of the Philippines v. Carmel
Development, Inc., 47 Phil. 723, 737 (2002) and Sps. Lan v. Uni-Tan Marketing
Corporation, 427 Phil. 762, 771-772 (2002).
[46] Id. at 727, citing OSM Shipping Phil., Inc. v. NLRC, 446 Phil. 793, 802-803 (2003).
[47] Id. at 727. Citations omitted.
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