Interlocutory orders if found to be with grave abuse of discretion amounting to lack or excess of

jurisdiction, may be remedied with special action of certiorari under Rule 65.
The doctrine of hierarchy of courts is not an iron-clad dictum and it may be relaxed when
exceptional and compelling circumstance so warrant the exercise of the Supreme Courts primary
jurisdiction. Technical rules on substitution of parties should not be narrowly construed as to
prevent the court from deciding on the case on its merit.

B. PROHIBITION
REQUISITES

any tribunal, board or officer unlawfully neglects the performance of an act which the law enjoins
as duty, unlawfully excludes another from the use or enjoyment of a right of office.

No other plain, speedy and adequate remedy.

verified petition in the proper court, alleging the facts with certainty and praying that judgment be
rendered annulling or modifying the proceedings of such tribunal, board or officer, and granting
such incidental reliefs

GROUNDS FOR PETITION

without or in excess its or his jurisdiction, or

with grave abuse of discretion amounting to lack or excess of jurisdiction

no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law

Certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and
documents relevant and pertinent thereto, and a sworn certification of non-forum shopping
C. MANDAMUS

A mandamus will not prosper to compel a discretionary act

EXCEPTION:
1. Gross abuse of discretion, manifest or palpable excess of authority equivalent to denial
of settled right
2. No other plain, speedy and adequate remedy

Commission with ministerial duty subject to mandamus

A purely ministerial act or duty is one which an officer or tribunal performs in a

given state of facts, in a prescribed manner, in obedience to the mandate of a
legal authority, WITHOUT regard to or the exercise of his own judgment upon
the propriety or impropriety of the act done.
It is the proper remedy to compel a corporation to grant monthly salary and holiday pay

Mandamus is not proper to compel a school to enrol a student academic deficiencies because this
involves the exercise by the school of discretion under the academic freedom

It will not lie against the president or congress due to the principle that judiciary is a co-equal
branch

Failure to exhaust administrative remedy is generally fatal to an action for damages

If sufficient in form, the court shall issue an order requiring the respondent or respondents to
comment on the petition within ten (10) days from receipt of a copy thereof. Respondent may not
file a motion to dismiss but the court may require filing of reply and other responsive pleading

Court may issue injunctive relief with the grant of the petition.