2013 (Remedial Law) Bar Exam Questions: Multiple Choice Question 11

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What is the effect of the pendency of a special civil action under Rule65 of the Rules of Court on the principal case before the lower court? (1%)

(A) It always interrupts the course of the principal case.

(B) It interrupts the course of the principal case only if the higher court issues a temporary restraining order or a writ of  preliminary injunction against the lower court.

(C) The lower court judge is given the discretion to continue with the principal case.

(D) The lower court judge will continue with the principal case if he believes that the special civil action was meant to delay proceedings.

(E) Due respect to the higher court demands that the lower court judge temporarily suspend the principal case.

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