NOTES

1 & REVIEWER in SPECIAL CIVIL ACTIONS

Sources: special civil actions (certiorari,
Civil Procedure II Riano prohibition, mandamus)

5. Pleadings in ordinary civil actions need

CIVIL ACTIONS not be verified except when the rules
A civil action is one where a party sues specifically require verification. Certain
another for the enforcement or protection of special civil actions need to be verified
a right, or the prevention or redress of a (expropriation, mandamus, usurpation,
wrong. review of judgments, forcible entry,
unlawful detainer, contempt)
PURPOSES OF A CIVIL ACTION
Enforcement or protection of a right 6. In ordinary civil actions, if the defendant
Prevention or redress of a wrong fails to answer within the reglamentary
period, the court shall declare him in
KINDS OF CIVIL ACTIONS default upon motion of the other party. In
some special civil actions, failure to
Ordinary civil action
answer does not lead to a declaration of
Special civil action.
default (forcible entry, unlawful detainer)
Both ordinary and special civil actions are How special civil actions are initiated or
governed by the rules for ordinary civil commenced?
actions, but there are specific rules
prescribed for a special civil action. By filing a petition
o Declaratory relief and similar
DISTINCTIONS: Ordinary Civil Actions
remedies
vs. Special Civil Actions
o Review of adjudication of COMELEC
& COA
1. Ordinary civil actions must be based on a
o Certiorari, prohibition and
cause of action. There are special civil
mandamus
actions where a cause of action is
o Quo warranto
relevant. Ex: declaratory relief,
interpleader o Contempt
By filing of a complaint
2. In ordinary civil actions, venue is o Interpleader
determined by either the residences of o Expropriation
the parties (personal actions) or by o Foreclosure of real estate mortgage
location of the property (real actions). o Partition
Such dichotomy is not always applicable o Forcible entry
to special civil actions. Ex. Petition for o Unlawful detainer
quo warranto
Court with Jurisdiction over Special Civil
3. Ordinary civil actions may be filed initially Actions
in either the MTC or RTC depending on the
jurisdictional amount or nature of the MTC
action involved. There are special civil o Forcible entry
actions which can only be commenced in o Unlawful detainer
the MTC (forcible entry, unlawful detainer) o Real actions
or in the RTC only (certiorari, prohibition, o Interpleader depending on the
mandamus) amount of claim
o Similar remedies to declaratory
4. In ordinary civil actions, the clerk of court relief
issues summons upon filing of the
RTC
complaint and payment of requisite legal
o Real actions
fees. This does not always apply to
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2 & REVIEWER in SPECIAL CIVIL ACTIONS
o Certiorari, prohibition, mandamus
related to the act or omission of an
MTC, corporation, board, officer or
person
o Interpleader depending on the
amount of the claim
o Declaratory relief
o Expropriation
o Contempt
o Quo warranto
Court of Appeals
o Certiorari, prohibition, mandamus
o Petition involving an act or
omission of a quasi-judicial agency
o Quo warranto
Supreme Court
o Quo warranto
o Review of judgments and final
orders of COA and COMELEC
INTERPLEADER
Rule 62 - Interpleader
Section 1. When interpleader proper.
Whenever conflicting clams upon the
same subject matter are or may be made
against a person who claims no interest
whatever in the subject matter, or an
interest which in whole or in part is not
disputed by the claimants, he may bring
an action against the conflicting claimants
to compel them to interplead and litigate
their several claims among themselves.
An interpleader is a special civil action filed
by a person against whom two conflicting
claims are made upon the same subject
matter over which he has no interest
whatever. If he has an interest to it, it is one
which in whole or in part is not disputed by
the claimants.
The action is brought against the conflicting
claimants to compel them to interplead and
litigate their claims against themselves.
REQUISITES FOR AN INTERPLEADER
1. There must be 2 or more claimants with
adverse or conflicting interests upon a
subject matter.
Jade A. Lorenzo
2. The conflicting claims involve the same
subject matter.
3. The conflicting claims are made against
the same person (the plaintiff).
4. The plaintiff has no claim on the subject
matter of the adverse claims; if he has an
interest, such is not disputed by the
claimants.
WHEN IS INTERPLEADER PROPER
The action of interpleader is a remedy
whereby a person who has property whether
personal or real, in his possession, or an
obligation to render wholly or partially,
without claiming any right in both, or claims
an interest which in whole or in part is not
disputed by the conflicting claimants, comes
to court and asks that the persons who claim
the said property or who consider
themselves entitled to demand compliance
with the obligation, be required to litigate
among themselves, in order to determine
finally who is entitled to one or the other
thing. The remedy is afforded not to protect
a person against a double liability but to
protect him against a double vexation in
respect on ones liability. (Ocampo v. Tirona,
455 SCRA 62).
COURT WITH JURISDICTION
Municipal Trial Court
Personal property, valued at not more
than P300,000 outside Metro Manila
Real property with an assessed value
of not more than P20,000 outside
Metro Manila
Metropolitan Trial Court
Personal property, valued at not more
than P400,000 Metro Manila
Real property with an assessed value
of not more than P50,000 Metro
Manila
Regional Trial Court
Actions that are beyond those under
the MTC and MeTC
Actions which are incapable of
pecuniary estimation
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Where conflicting claims involve the
right to receive a particular sum of
money, the amount of the sum
claimed determines jurisdiction.
The issue is who between or among
the defendants is entitled to collect
the same and the amount is the object
of the action.
Where the civil action involves interest
in real property, the assessed value of
the property determines jurisdiction
(except forcible entry and unlawful
detainer).
Section 2. Order. Upon the filing of the
complaint, the court shall issue an order
requiring the conflicting claimants to
interplead with one another. If the
interests of justice so require, the court
mat direct in such order that the subject
matter be paid or delivered to the court.
Rule 62 - Interpleader
Section 3. Summons. Summons shall be
served upon the conflicting claimants,
together with a copy of the complaint and
order.

HOW TO COMMENCE AN INTERPLEADER Summons shall be served upon the

conflicting claimants, together with a
An interpleader is commenced by the copy of the complaint and the order.
filing of a complaint.
The order refers to the order requiring
the conflicting claimants to interplead
with one another.
The court may include in the order a
direction that the subject matter of the
INTERPLEADER v. INTERVENTION action be paid or delivered to the court (if
the interest of justice requires).
Interpleader Intervention
Special civil action, Ancillary, dependent
independent and on a previous pending
original action

Commenced by filing Commenced by a

of a complaint motion for leave to
intervene filed in a Rule 62 - Interpleader
pending case
Section 4. Motion to dismiss. Within the
Filed a person who has Filed by a person who
no interest in the has legal interest in a) time for filing an answer, each claimant
subject matter; if he subject matter of the may file a motion to dismiss on the
has, it is not disputed litigation; b) success of ground of impropriety of the interpleader
by the claimants either of the parties; c) action or on other appropriate grounds
interest against both; specified in Rule 16. The period to file the
d) he may be answer shall be tolled and if the motion is
adversely affected by denied, the movant may file his answer
the disposition or within the remaining period, but which
distribution of property
shall not be less than 5 days in any event,
in the custody of the
court reckoned from notice of denial.

Defendants are sued Defendants are The appropriate grounds refer to those
and impleaded already parties to an specified in Rule 16. They apply to
existing suit ordinary civil actions and are also made
applicable to and may be invoked in an
interpleader action.

Rule 62 - Interpleader
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4 & REVIEWER in SPECIAL CIVIL ACTIONS
IMPROPRIETY OF THE INTERPLEADER
ACTION
Impropriety is special and separate
ground that is not found in Rule 16.
To be proper, the requirements in Section
1, Rule 62 should be complied with
existence of conflicting claims made by
the claimants upon the same subject
matter.
If impropriety is invoked, it is not
equivalent to failure to state a cause of
action under Rule 16. Because the
meaning of a cause of action in ordinary
civil actions may not exactly apply to an
interpleader.
WHEN IS IMPROPRIETY NOT PROPER
When the claims are not conflicting
because they refer to different subject
matters
Where it appears in the allegations in the
complaint that the plaintiff claims an
interest in the subject matter
EFFECT OF FILING OF A MOTION TO
DISMISS ON THE PERIOD TO ANSWER
The period to file an answer is
interrupted.
If the motion to dismiss is denied, movant
may file his answer within the remaining
period to answer period shall not be
less than 5 days in any event.
Remaining period to file an answer shall
be counted from the notice of denial of
the motion
to dismiss.
Rule 62 - Interpleader
Section 5. Answer and other pleadings.
Each claimant shall file his answer setting
forth his claim within 15 days from service
of summons upon him, serving a copy
thereof upon each of the other conflicting
claimants who may file their reply thereto
as provided by these Rules. If any
claimant fails to plead within the time
herein fixed, the court may, on motion,
declare him in default and thereafter
render judgment barring him from any
claim in respect to the subject matter.
Jade A. Lorenzo
The parties in an interpleader action may
file counterclaims, cross-claims, third-
party complaints and responsive
pleadings thereto, as provided by these
Rules.
ANSWER
The rule provides that the answer shall
set forth the claim of the answering
claimant.
The answer shall be filed within 15 days
from service of the summons upon him,
serving a copy thereof upon each of the
other conflicting claimants.
DEFAULT
If the claimant fails to plead within the
time fixed, the court may, on motion,
declare him in default.
Thereafter, the court may render
judgment barring him from any claim in
respect to the subject matter.
The court is not authorized to declare a
claimant in default motu proprio.
There should be a proper motion to
declare claimant in default.
Each claimant is required to serve a copy
of his answer upon the other conflicting
claimants. Because the litigation is
actually between or among the
conflicting claimants, and the
plaintiff in an interpleader claims no
interest in the subject matter.
In case of default, the judgment to be
rendered is one that bars the claimant in
default from any claim in respect to the
subject matter.
REPLY
The claimant served with the answer may
file his reply to the answer. This is not
mandatory. Even if a reply is not
filed, all the new matters alleged in
the answer are deemed controverted
or denied.
OTHER PLEADINGS
The parties to an interpleader action may
file counterclaims, cross-claims, third-
party complaints and responsive
pleadings thereto.
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5 & REVIEWER in SPECIAL CIVIL ACTIONS
Such pleadings may likewise be filed
because special civil actions are also
governed by the rules for ordinary civil
actions, subject to specific rules
prescribed for a particular special civil
action.
Rule 62 - Interpleader
Section 6. Determination. After the
pleadings of the conflicting claimants
have been filed, and pre-trial has been
conducted in accordance with the Rules,
the court shall proceed to determine their
respective rights and adjudicate their
several claims.
The court shall determine the respective
rights of the claimants and shall
adjudicate their several claims:
o After the pleadings of the
conflicting claimants have been
filed
o After pre-trial has been conducted
A pre-trial is also conducted in an
interpleader action in accordance with the
Rules. Rule 18 of the Rules of Court shall
also apply.
Rule 62 - Interpleader
Section 7. Docket and other lawful fees,
costs and litigation expenses as liens.
The docket and other lawful fees paid by
the party who filed a complaint under this
Rule, as well as the costs and litigation
expenses, shall constitute a lien or charge
upon the subject matter of the action,
unless the court shall order otherwise.
PAYMENT OF DOCKET FEES; LIEN
The person who files the complaint pays
the docket and other lawful fees.
These fees, the costs, and litigation
expenses, shall constitute a lien or
charge upon the subject matter of the
action, unless the court orders otherwise.
Jade A. Lorenzo
DECLARATORY
RELIEF AND SIMILAR
REMEDIES
Rule 63 Declaratory Relief and Similar
Remedies
Section 1. Who may file petition. Any
person interested under a deed, will,
contract or other written instrument or
whose rights are affected by a statute
executive order or regulation, ordinance,
or any other governmental regulation
may, before breach or violation thereof,
bring an action in the appropriate
Regional Trial Court to determine any
question of construction or validity
arising, and for a declaration of his rights
or duties, thereunder.
An action for the reformation of an
instrument, to quiet title to real property
or remove clouds therefrom, or to
consolidate ownership under Article 1607
of the Civil Code, may be brought under
this Rule.
Declaratory relief is defined as an action
by any person interested in a deed, will,
contract, or other written instrument,
executive order or resolution, to determine
any question of construction or validity
arising from the instrument, executive order
or regulation, or stature, and for a
declaration of his rights and duties
thereunder.
The only issue that may be raised in such
a petition is the question of construction
and validity of provisions in an instrument
or statute.
General rule: An action must be
justified, as no other adequate relied or
remedy is available under the
circumstances.
PURPOSES OF DECLARATORY RELIEF
To determine any question of construction
or validity arising from the subject of the
action
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To seek for a declaration of the Adequate relief is not available through
petitioners rights thereunder other means or other forms of action or
To secure an authoritative statement of proceeding.
the rights and obligations of the parties
under a contract or statute for their SUBJECT MATTER IN A PETITION FOR
guidance in the enforcement or DECLARATORY RELIEF
compliance with the same and not to The subject matters to be tested in a
settle issues arising from its alleged petition for declaratory relief are
breach (i.e. injunction, damages, any exclusive.
other relief beyond the purpose of Any other matter not mention in the Rule
declaratory relief) because after the is deemed excluded. Expressio unius
breach of the contract or statute, the est exclusion alterius
petition can no longer be brought. o Deed
o Will
Where a declaratory judgment as to a o Contract or other written
disputed fact would be determinative of instrument
issues rather than a construction of o Statute
definite stated rights, status and other o Executive order or regulations
relations, commonly expressed in a o Ordinance
written instrument, the case is not one for o Any other governmental
declaratory judgment. regulations
A declaratory relief proceeding is WHEN PETITION FOR DECLARATORY
unavailable where judgment would have RELIEF NOT PROPER
to be made, only after a judicial Examples:
investigation of disputed issues. Petition to ask for declaration of filiation
and hereditary rights
SIMILAR REMEDIES Judicial declaration of citizenship
Seeking enlightenment as to the true
Action for reformation of an instrument import of a judgment
(Articles 1359-1369, Civil Code) Action to assail a judgment
Action for quieting of title to real property Where the contract or statute in question
or remove clouds therefrom (Articles 476- is clear in its terms and there is no doubt
481, Civil Code) as to its meaning and validity
Action for consolidation of ownership
(Article 1607, Civil Code) ISSUE AND RELIEF
The only issue that may be raised in such
REQUISITES FOR DECLARATORY RELIEF a petition is the question of construction
The subject matter of the controversy or validity of provisions in an instrument
must be a deed, will, contract or other or statute.
written instrument, statute, executive The remedy sought is the declaration of
order or regulation or ordinance. the petitioners rights or duties
The terms of said documents and the thereunder.
validity thereof are doubtful and require
judicial construction. WHO MAY FILE A PETITION
There must have been no breach of the
documents in question.
Rule 63 Declaratory Relief and Similar
There must be an actual justiciable
Remedies
controversy
The issue must be ripe for judicial Section 2. Parties. All persons who have
determination or claim any interest which would be

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affected by the declaration shall be made
parties; and no declaration shall, except
as otherwise provided in these Rules,
prejudice the rights of persons not parties
to the action.
Any person interested where the
subject matter is a deed, will, contract or
other written instrument; those who may
sue under the contract should have an
interest in the contract like the parties,
their assignees and heirs
Persons whose rights are affected
where the subject of the petition is a
statute, executive order or regulation,
ordinance, or any other governmental
regulation.
Other parties all persons who have or
claim any interest which would be
affected by the declaration.
o The rights of persons not made
parties to the action do not stand
to be prejudiced by the declaration.
Since their rights are not to be
prejudiced by their non-inclusion,
the failure to implead such persons
does not affect the jurisdiction of
the court over the petition.
Local government prosecutor or
attorney shall be notified when the
action involves the validity of a local
government ordinance
Rule 63 Declaratory Relief and Similar
Remedies
Section 3. Notice on Solicitor General.
In any action which involves the validity
of a statute, executive order or
regulation, or any other governmental
regulation, the Solicitor General shall be
notified by the party assailing the same
and shall be entitled to be heard upon
such question.
Jade A. Lorenzo
Rule 63 Declaratory Relief and Similar
Remedies
Section 4. Local government ordinances.
In any action involving the validity of a
local government ordinance, the
corresponding prosecutor or attorney of
the local government unit involved shall
be similarly notified and entitled to be
heard. If such ordinance is alleged to be
unconstitutional, the Solicitor General
shall also be notified and entitled to be
heard.
Notice to the Solicitor General
Is an action involves the validity of a local
government ordinance, aside from the
LGU prosecutor or attorney, the Solicitor
General shall also be notified and shall be
entitled to be heard if such ordinance is
alleged to be unconstitutional.
If the action involves the validity of a
statute, executive order or regulation, or
any other governmental regulation, the
Solicitor General shall be notified by the
party assailing the same and shall be
entitled to be heard.
Rule 63 Declaratory Relief and Similar
Remedies
Section 5. Court action discretionary.
Except in actions falling under the second
paragraph of Section 1 of this Rule, the
court, motu proprio or upon motion, may
refuse to exercise the power to declare
rights and to construe instruments in any
case where a decision would not
terminate the uncertainty or controversy
which gave rise to the action, or in any
case where the declaration or
construction is not necessary and proper
under the circumstances.
Court with Jurisdiction
The purpose of the petition is to ask the
court to determine any question of
construction or validity arising from the
subject matter thereof, and for the
declaration of rights and duties thereunder.
The subject matter raises issues which are
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not capable of pecuniary estimation.
must be filed with the RTC.
If a petition seeks a declaration of the
unconstitutionality and/or nullity of a
law, it must be treated as one for
declaratory relief.
The above action must be brought
before the RTC not before the
Supreme Court
The action for declaratory relief is
not among the petitions within
the original jurisdiction of the
Supreme Court. The Supreme
Court does not possess original
jurisdiction to entertain a petition for
declaratory relief even if only
questions of law are involved. The
Supreme Court merely exercises
appellate jurisdiction over such
petitions.
A petition for declaratory relief under
Rule 63 is the proper recourse to
question the validity of an executive
order issued by the President of the
Philippines (also applicable to
executive orders issued by a city
mayor). not a petition for
certiorari.
Declaratory Relief as Prohibition or
Mandamus
The Court ruled that there are precedents
for treating a petition for declaratory
relief as one for prohibition if the case has
far-reaching implications and raises
questions that need to be resolved for the
public good.
The Court has also ruled that a petition
for prohibition is a proper remedy to
prohibit or nullify acts of executive
officials that amount to usurpation of
legislative authority.
There are instances when a petitioner is
faced with what the Supreme Court terms
as procedural barriers when he files a
petition for declaratory relief in the
Supreme Court which has no original
jurisdiction over such petition.
When the threshold and purely legal issue
in the petition has far-reaching
implications to the national economy, the
Jade A. Lorenzo
Court may treat the petition for
declaratory relief as one for mandamus or
prohibition depending upon the
allegations in the petition.
THIRD-PARTY COMPLAINT IS
INAPPLICABLE
Because of the absence of allegations
seeking material or affirmative reliefs in a
petition for declaratory relief, it has been
held that when the main case is for
declaratory relief, a third-party complaint
is inconceivable. In a declaratory relief,
the court is merely interpreting the terms
of the contract.
APPLICABILITY OF A COMPULSORY
COUNTERCLAIM
A compulsory counterclaim may be
entertained as long as it is based on or
arising from the same transaction, subject
matter of the petition.
It was ruled that there is nothing in the
nature of a special civil action for
declaratory relief that proscribes the filing
of a counterclaim based on the same
transaction, deed or contract subject of
the complaint.
GRANTING OF AFFIRMATIVE RELIEF
As a rule, affirmative reliefs in ordinary
civil actions are not granted in
declaratory relief petitions.
However, there are instances when
affirmative reliefs were granted by the
Court in a petition for declaratory relief.
The court can grant such affirmative relief
as may be warranted by the evidence.
(Adlawan v. IAC)
NO EXECUTORY PROCESS
The judgment in a declaratory relief is
confined either to an interpretation of a
deed or a declaration whether or not the
petitioner has rights under the law.
As a general principle, the judgment in a
declaratory relief is said to stand by itself
and no executory process follows as of
course (unlike in an ordinary of civil
action which is coercive and enforceable
by execution). The objective of the
petition is merely an interpretation of
deed or a contract or for a definitive
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pronouncement of rights under a
particular law, rule or order, there is
nothing to execute in the judgment
of the court
It was ruled that the judgment in a
petition for declaratory relief can be
carried into effect without requiring the
parties to pay damages or perform any
act as when the petitioners complaint is
captioned [differently].
BUT according to jurisprudence, the
courts do not absolutely close the doors
to an executory process in a petition for
declaratory relief.
FILING BEFORE ANY BREACH OR
VIOLATION
A petition for declaratory is filed before
there occurs any breach or violation of
the deed, contract, statute, ordinance,
executive order or regulation. The
action presupposes that there has been
no actual breach of the instruments
involved or of the rights arising
thereunder.
A petition for declaratory relief gives a
practical remedy for ending controversies
that have not reached the state where
another relief is immediately available.
It will not prosper if brought after a
contract or a statute has already
been breached or violated. Proper
action is an appropriate ordinary civil
action.
If a breach has already occurred or the
terms of the instrument has already been
violated, a cause of action has already
accrued in favor of one or the other party
and there is nothing more for the court to
explain.
WHEN COURT MAY REFUSE A JUDICIAL
DECLARATION
In declaratory relief, the court may,
motu proprio or upon motion, refuse to
exercise the power to declare rights and
to construe instruments in any case
where ~
o A decision would not terminate the
uncertainty or controversy which
gave rise to the action
Jade A. Lorenzo
o The declaration or construction is
not necessary and proper under
the circumstances
The court does not have the discretion to
refuse to act with respect to actions
described as similar remedies.
JUSTICIABLE CONTROVERSY
A judicial controversy is a definite and
concrete dispute touching on the legal
relations of parties adverse having legal
interests, which may be resolved by a
court of law though the application of a
law. A mere apprehension of an
administrative sanction does not give rise
to a justiciable controversy (Bayantel v.
Republic).
There must be an actual and justiciable
controversy, not merely theoretical
(Aragones v. Subido).
The traditional concept of a cause of
action in ordinary civil actions does not
apply to a declaratory relief. No specific
right of the plaintiff has yet been violated
because the action is brought before a
breach of the deed or law occurs. The
breach or violation should be impending,
imminent or at least threatened.
However, the absence of a breach
should not be taken to mean that the
petition need not involve a
justiciable controversy.
The Court had always stressed that a
person who impugns the validity of a
statute must have a
personal and substantial interest in the
case such that he has sustained, or will
sustain, direct injury as a result of its
enforcement. Whether a party alleges
such a personal stake in the outcome of
the controversy as to assure that
concrete adverseness which sharpens the
presentation of issues upon which the
court so largely depends for illumination
of difficult constitutional questions.
Rule 63 Declaratory Relief and Similar
Remedies
Section 6. Conversion into ordinary
action. If before the final termination of
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the case, a breach or violation of an
instrument or a statute, executive order
or regulation, ordinance, or any other
governmental regulation should take
place, the action may thereupon be
converted into an ordinary action, and the
parties shall be allowed to file such
pleadings as may be necessary or proper.
A petition for declaratory relief is filed
before any breach or violation of the
deed, contract, stature, ordinance,
executive order or regulation.
When the breach occurs after filing of the
petition for declaratory relief and before
its final termination, it is submitted that
the action need not be dismissed because
it may be converted into an ordinary
action.
The desire to convert the same into
an ordinary action must also be
raised in the trial court and not for
the first time on appeal.
Once converted into an ordinary action,
the parties shall be allowed to file such
pleadings as may be necessary or proper.
Although conversion to an ordinary action
is allowed, the party desiring such
conversion needs to argue the point and
specify the ordinary action desired.
SIMILAR REMEDIES
Reformation of an Instrument
An action for reformation is not one
brought to reform a contract but to
reform the instrument evidencing the
contract.
There is a need to reform the instrument
because despite the meeting of the minds
of the parties as to the object and cause
of the contract, the instrument does not
reflect their true agreement by reason of
mistake, fraud, inequitable conduct, or
accident.
The action is brought so the true intention
of the parties may be expressed in the
instrument.
Reformation of the instrument is not
applicable to:
o Simple donations inter vivos
wherein no condition is imposed
Jade A. Lorenzo
o Wills
o When the real agreement is void
Consolidation of Ownership
The action brought to consolidate
ownership is not for the purpose of
consolidating the ownership of the
property in the person of the vendee or
buyer but for the registration of the
property.
The lapse of the redemption period
without the seller a retro exercising his
right of redemption consolidates
ownership or title upon the person of the
vendee by operation of law.
Article 1607 of the Civil Code requires the
filing of the petition to consolidate
ownership because the law precludes the
registration of the consolidated title
without a judicial order.
Note: Despite the provision (Article 1607),
the recording in the Registry of Property
of the consolidation of ownership of the
vendee is not a condition sine qua non to
the transfer of ownership.
Quieting of Title
This action is brought to remove a cloud
on the title to real property or any interest
therein.
The cloud is caused by any instrument,
record, claim, encumbrance or
proceeding which appears to be valid or
effective, however, in truth and in fact,
the same is invalid, ineffective, voidable
or unenforceable and may be prejudicial
to the title to real property.
The action may also be brought as a
preventive remedy to prevent a cloud
from being cast upon title to real property
or any interest therein.
There may be an action to quiet title or
remove a cloud therefrom when the
contract, instrument or other obligation
has been extinguished or terminated, or
barred by extinctive prescription.
The plaintiff need not be in possession of
the real property before he may bring the
action as long as he can show that he has
legal or equitable title to the property
which is the subject matter of the action.
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An action for quieting of title is essentially
a common law remedy grounded on
equity.
The competent court is tasked to
determine the respective rights of the
complainant and other claimants, not
only to place things in their proper places,
to make the one who has no rights to said
immovable respect and not disturb the
other, but also for the benefit of both, so
that he who has the right would see every
cloud of doubt over the property
dissipated, and he could afterwards
without fear introduce the improvements
her may desire, to use and even to abuse
the property as he deems best.
REQUISITES FOR QUIETING OF TITLE
o The plaintiff or complainant has a
legal or equitable title or interest in
the real property subject of the
action.
o The deed, claim, encumbrance, or
proceeding claimed to be casting
cloud on his title must be shown to
be in fact invalid or inoperative
despite its prima facie appearance
of validity or legal efficacy.
CERTIORARI,
PROHIBITION and
MANDAMUS
CERTIORARI
Rule 65 Certiorari, Prohibition and
Mandamus
Section 1. Petition for certiorari.
When any tribunal, board or officer
exercising judicial or quasi-judicial
functions has acted without or in
excess of its or his jurisdiction, or with
grave abuse of discretion amounting
to lack or excess of jurisdiction, and
there is no appeal, nor any plain,
speedy, and adequate remedy in the
ordinary course of law, a person
aggrieved thereby may file a verified
petition in the proper court, alleging
Jade A. Lorenzo
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 as law and
justice may require.
The petition shall be accompanied by a
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 as provided in the third
paragraph of Section 3, Rule 46.
Certiorari as a special civil action, is an
original action invoking the original
jurisdiction of a court to annul or modify the
proceedings of a tribunal, board or officer
exercising judicial or quasi-judicial functions.
Original and independent action that is
not part of the trial or the proceedings on
the complaint filed before the trial court;
not part or a continuation of the trial
which resulted in the rendition of the
judgment complained of.
Since certiorari as a special civil action is
an original action, the adverse decision
rendered is appealable,
reviewable by another petition for
and not
certiorari.
In a petition for certiorari, the jurisdiction
of the court is narrow in scope. It is
limited to resolving only errors of
jurisdiction or grave abuse of discretion
amounting to lack or excess of
jurisdiction.
Certiorari is a remedy narrow in scope
and inflexible in character. Certiorari will
issue only to correct errors of jurisdiction
and not errors of judgment.
ERROR OF JUDGMENT v. ERROR OF
JURISDICTION
Error of judgment is one which the court
may commit in the exercise of its jurisdiction,
and which error is reviewable only by an
appeal.
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Error of jurisdiction is one where the act
complained of was issued by the court
without or in excess of jurisdiction and which
error is correctible only by the extraordinary
writ of certiorari.
As long as the court acts within its
jurisdiction, any alleged errors committed
in the exercise of its discretion will
amount to nothing more than mere errors
of judgment, which is correctible by an
appeal (factual and legal issues) or
petition for review under Rule 45
(questions of law).
In a petition for certiorari, the court must
confine itself to the issue of whether or
not the respondent court lacked or
exceeded its jurisdiction or committed
grave abuse of discretion.
CERTIORARI v. APPEAL
Certiorari cannot be used as a substitute
for lost appeal.
JUDICIAL COURTESY When the lower
court suspends the proceedings of the
principal case pending before it whenever a
petition for certiorari is filed against it. no
longer the prevailing rule. The lower
court has to proceed with the principal case
within the required period unless it is
prevented from doing so by a temporary
restraining order or writ of preliminary
injunction.
Remedies of appeal and certiorari are
mutually exclusive and not alternative or
successive. Certiorari cannot be used
as substitute for appeal. The petitioner
must show valid reasons why the issues
raised in his petition for certiorari could
not have been raised on appeal.

Certiorari Appeal WHEN IS CERTIORARI AVAILABLE

Original and Continuation of the DESPITE THE LOSS OF APPEAL
independent action original case Certiorari may still be invoked
Impleads the Parties are the When appeal is loss without the
tribunal, court, original parties to appellants negligence
board or officer the case When public welfare and the
Seeks correction of Deals with factual or
advancement of public policy dictates
jurisdictional errors legal merits of the
only case
When the broader interest of justice so
Remedy for errors Remedy if the requires
due to grave abuse alleged erroneous When the writs issued are null and void
of discretion findings of fact When the questioned order amounts to
amounting lack or constitute only a an oppressive exercise of judicial
excess of jurisdiction mistake of judgment authority
Invokes the original Invokes the
jurisdiction of the appellate jurisdiction ESSENTIAL REQUISTES FOR A PETITION
court of the court FOR CERTIORARI
Filed within 60 days Filed within the The petition is directed against a tribunal,
from notice of period for appeal (15 board or officer exercising judicial or
judgment, order or days) from notice of quasi-judicial functions.
resolution the judgment, or The respondent must exercise
final order ; 30 days judicial or quasi-judicial functions or
if record on appeal is mandatory acts. The tribunal, board
required or officer must be clothed with power
Motion for Motion for
and authority to pass judgment or
reconsideration is reconsideration is
render a decision on the controversy
required prior to not required
construing and applying the laws to
filing
that end.
Certiorari under Rule 65 is not available A respondent is said to be
where the aggrieved partys remedy of exercising judicial function where he
appeal is plain, speedy and adequate in has the power to determine what the
the ordinary course.
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law is and what the legal rights of the
parties are, and then undertakes
to determine these questions and
adjudicate upon the rights of the
parties.
Quasi-judicial is a term which
applies to the action, discretion, etc.
of public administrative officers or
bodies, which are required to
investigate facts or ascertain the
existence of facts, hold hearings, and
draw conclusions from them as a basis
for their official action and to exercise
discretion of a judicial nature.
Ministerial function is one which an
officer or tribunal performs in the
context of a given set of facts, in a
prescribed manner and without regard
to the exercise of his own judgment
upon the propriety or impropriety of
the act done.
In short, where a function is merely
investigative and recommendatory
with no power to pronounce judgment
on the controversy, the designation
does not involve the exercise of
judicial or quasi-judicial power.
Such tribunal, board or officer has acted
without or in excess of jurisdiction or with
grave abuse of discretion amounting to
lack or excess of jurisdiction.
There must be capricious, arbitrary
and whimsical exercise of power for it
to prosper.
There is neither appeal nor any plain,
speedy and adequate remedy in the
ordinary course of law for the purpose of
annulling or modifying the proceedings.
Where an appeal is available, certiorari
will not prosper even if the ground
therefor is grave abuse of discretion.
JURISDICTIONAL ERRORS
In a petition for certiorari under Rule 65, the
petitioner is burdened to establish that the
respondent tribunal acted without jurisdiction
(no legal power to determine the case) or
that it acted without or in excess of
jurisdiction (though clothed with the power
to determine the case, it oversteps its
authority as determined by law, or that it
Jade A. Lorenzo
committed grave abuse of its discretion or
acted in a capricious, whimsical, arbitrary or
despotic manner in the exercise of
jurisdiction as to be equivalent to lack of
jurisdiction).
Acting without jurisdiction denotes
that the tribunal, board, or officer acted
with absolute lack of authority
Acting in excess of jurisdiction when
public respondent exceeds its power or
acts without any statutory authority.
Grave abuse of discretion connotes
capricious and whimsical exercise of
judgment as to be equivalent to lack or
excess of jurisdiction; power is exercised
in an arbitrary or despotic manner by
reason of passion, prejudice, or personal
hostility; such exercise is so patent or so
gross as to amount to an evasion of a
positive duty or a virtual refusal either to
perform the duty or a virtual refusal
either to perform the duty enjoined or act
at all in contemplation of law.
EXCESS OF JURISDICTION v. WITHOUT
JURISDICTION
Without jurisdiction lack or want of
legal power, right, or authority to hear
and determine a cause or causes,
considered either in general or with
reference to a particular matter; lack of
power to exercise authority
Excess of jurisdiction an act, though
within the general power of a tribunal,
board or officer, is not authorized and
invalid with respect to the particular
proceeding because the conditions, which
alone authorize the exercise of the
general power thereof, are wanting;
signifies an act initially authorized by law
but performed beyond the bounds of that
authority.
GRAVE ABUSE OF DISCRETION
Mere abuse of discretion is not enough. It
must be grave exercised arbitrarily or
despotically due to passion or personal
hostility.
Such exercise must be so patent or so
gross as to amount to an evasion of a
positive duty or a virtual refusal either to
perform the duty or a virtual refusal
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either to perform the duty enjoined or act
at all in contemplation of law.
NECESSITY FOR A MOTION FOR
RECONSIDERATION
Except in some recognized situations, the
filing of a motion for reconsideration is a
condition sine qua non to the filing
of a petition for certiorari to allow the
court an opportunity to correct its
imputed errors.
The mere fact that a petitioner fails to
move for the reconsideration of the
courts order is a sufficient cause for the
outright dismissal of a petition for
certiorari.
To warrant a deviation from this rule, one
must proffer a compelling reason to do
so.
EXCEPTION TO THE REQUIREMENT OF A
MOTION FOR RECONSIDERATION
The order is a patent nullity, as where the
court a quo has no jurisdiction.
The questions raised in the certiorari have
been duly raised and passed upon by the
lower court
There is an urgent necessity for the
resolution of the question and any further
delay would prejudice the interests of the
government or of the petitioner.
The subject matter of the petition is
perishable.
Under the circumstances, a motion for
reconsideration would be useless.
There is deprivation of due process and
there is extreme urgency for relief.
The relief from order of arrest is urgent
and the granting of such relief by the trial
court is improbable (criminal case).
The proceedings in the trial court are a
nullity for lack of due process.
The proceedings were done ex parte or in
which the petitioner had no opportunity
to object.
Where the issue raised is one purely of
law.
Where the public interest is involved.
WHEN CERTIORARI IS ALLOWED DESPITE
AVAILABILITY OF APPEAL
Jade A. Lorenzo
Though not allowed when appeal is
available, certiorari may be allowed when
it can be shown that appeal would be
inadequate, slow, insufficient, and would
not promptly relieve a party from the
injurious effects of the order complained
of.
Certiorari may be allowed to avoid the
miscarriage of justice.
Rule 65 Certiorari, Prohibition and
Mandamus
Section 4. When and where to file the
petition. The petition shall be filed
not later than 60 days from notice of
the judgment, order or resolution. In
case a motion for reconsideration or
new trial is timely filed, whether such
motion is required or not, the petition
shall be filed not later than 60 days
counted from the notice of the denial
of the motion.
If the petition relates to an act or an
omission of a municipal trial court or
of a corporation, a board, an officer or
a person, it shall be filed with the
Regional Trial Court exercising
jurisdiction over the territorial area as
defined by the Supreme Court. It may
also be filed with the Court of Appeals
or with the Sandiganbayan, whether or
not the same is in aid of the courts
appellate jurisdiction. If the petition
involves an act or an omission of a
quasi-judicial agency, unless otherwise
provided by law or these rules, the
petition shall be filed with and be
cognizable only by the Court of
Appeals.
In election cases involving an act or an
omission of a municipal or a regional
trial court, the petition shall be filed
exclusively with the Commission on
Elections, in aid of its appellate
jurisdiction.*
*As amended by AM-07-7-12, December 27,
2007.
Rule 65 Certiorari, Prohibition and
Mandamus
Section 5. Respondents and costs in
certain cases. When the petition filed
relates to the acts or omissions of a
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judge, court, quasi-judicial agency, o The grounds relied upon for the
tribunal, corporation, board, officer or relief prayed for
person, the petitioner shall join, as o Certified true copy of the
private respondent or respondents judgment, order or resolution
with such public respondent or subject of the petition
respondents, the person or persons o Copies of all pertinent pleadings
interested in sustaining the and documents
proceedings in the court; and it shall o Sworn certification of non-forum
be the duty of such private
shopping
respondents to appear and defend,
both in his or their own behalf and in
A sworn certification of non-forum
behalf of the public respondent or
shopping contains the following:
respondent affected by the
That he has not theretofore
proceedings, and the costs awarded in
such proceedings in favor of the commenced any other action involving
petitioner shall be against the private the same issues in the Supreme Court,
respondents only, and not against the the Court of Appeals, or different
judge, court, quasi-judicial agency, divisions thereof, or any other tribunal
tribunal, corporation, board, officer or or agency.
person impleaded as public That there is such other action or
respondent or respondents. proceeding, he must state the status
of the same.
Unless otherwise specifically directed That if he should thereafter learn that
by the court where the petition is a similar action or proceeding has
pending, the public respondents shall been filed or is pending, he undertakes
not appear in or file an answer or to promptly inform the said courts,
comment to the petition or any tribunal or agency within 5 days
pleading therein. If the case is therefrom.
elevated to a higher court by either
party, the public respondents shall be MATERIAL DATE RULE The
included therein as nominal parties. requirement is for the purpose of
However, unless otherwise specifically determining the timeliness of the
directed by the court, they shall not petition, since the perfection of an
appear or participate in the appeal, in the manner and within the
proceeding therein.
period prescribed by law, is
jurisdictional and failure to perfect an
FILING OF THE PETITION FOR appeal, as required by law, renders
CERTIORARI the judgment final and executory.
The person aggrieved may file a verified
petition in the proper court. It is required The following material dates must be stated
to: in the petition:
o Allege the facts with certainty When notice of the judgment, final order
o Pray that judgment be rendered or resolution subject of the petition was
annulling or modifying the received
proceedings of the tribunal, board
When a motion for new trial or
or officer
o Grant such incidental reliefs as law reconsideration was filed
and justice may require When notice of the denial of the motion
The petition shall contain the following: for new trial or reconsideration was
o Full names and addresses of all the received.
petitioners and respondents WHEN TO FILE THE PETITION
o Concise statement of matters
involved
o The factual background of the case
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The petition is to be filed not later
than 60 days from notice of
judgment, order or resolution.
In case a motion for reconsideration or
new trial is timely filed, whether such
motion is required or not, the 60-day
period shall be counted from notice of the
denial of such motion.
The rule is now strict; no extensions
allowed per AM- 07-7-12-SC (Dec. 27,
2007).
However, since there is no express
prohibition in the Rule, it was held that
motions for extension may be allowed,
subject to the Courts sound discretion
and only under exceptional and
meritorious cases (Domdom v.
Sandiganbayan).
WHERE TO FILE THE PETITION
Regional Trial Court If the petition
relates to the acts or omissions of a
municipal trial court or corporation,
board, officer or person (RTC exercising
jurisdiction over the territorial area as
defined by the Supreme Court)
Court of Appeals If the petition
involves the acts or omissions of a quasi-
judicial agency; petition is cognizable only
by the CA, unless otherwise provided by
law or the Rules of Court.
Sandiganbayan Whether or not the
petition is in aid of its appellate
jurisdiction
Commission on Elections For election
cases involving an act or omission of a
municipal or regional trial court. This is in
aid of its appellate jurisdiction.
IN AID OF APPELLATE JURISDICTION A
court may issue a writ of certiorari if said
court has jurisdiction
to review, by appeal or writ of error, the final
orders or decisions of the lower court.
HIERARCHY OF COURTS PRINCIPLE
When there is concurrence of jurisdiction, it
should not be taken to mean that the parties
have an absolute, unrestrained freedom of
choice of the court to which they will file
Jade A. Lorenzo
their application or petition. There is an
ordained sequence of recourse to courts
vested with concurrent jurisdiction,
beginning from the lowest, on to the next
highest, and ultimately to the highest.
This hierarchy is determinative of the
venue of appeals, and the proper forum
for petitions for extraordinary writs
A direct invocation of the Supreme
Courts original jurisdiction to issue these
writs should be allowed only when there
are special and important reasons clearly
and specifically set out in the petition.
PARTIES TO THE PETITION
The petition shall be filed by the person
aggrieved.
o Aggrieved person does not
mean that any person who feels
injured by the lower courts order
or decision can question the said
courts disposition by certiorari. It
pertains to the person who was a
party in the proceedings before the
lower court.
If the petition relates to the acts or
omissions of a judge, court, quasi-judicial
agency, tribunal, corporation, board,
officer or person, the petitioner shall join
as private respondent with the public
respondent the person or persons
interested in sustaining the proceedings
in the court.
PRIVATE RESPONDENT
He should appear and defend not only in
his own behalf but also in behalf of the
public respondent affected by the
proceedings.
If costs are awarded in favor of the
petitioner, such costs shall be against the
private respondent only and not against
the public respondent.
PUBLIC RESPONDENT
He is not mandated to appear in, or file
an answer or comment to the petition or
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17 & REVIEWER in SPECIAL CIVIL ACTIONS
any pleading, unless directed by the court
where the action is pending.
If the case is elevated to a higher court by
either party, the public respondent shall
be included as a nominal party.
Unless directed by the cause, the public
respondent shall not appear or participate
in the proceedings.
The public respondent has the duty to
proceed with the principal case within 10
days from the filing of the petition for
certiorari with a higher court or tribunal,
absent a temporary restraining order or a
writ of preliminary injunction, or upon its
expiration. Failure to do so may be a
ground for an administrative charge.
Rule 65 Certiorari, Prohibition and
Mandamus
Section 6. Order to comment. If the
petition is sufficient in form and
substance to justify the process, the
court shall issue an order requiring the
respondent or respondents to
comment on the petition within 10
days from receipt of a copy thereof.
Such order shall be served on the
respondents in such manner as the
court may direct, together with a copy
of the petition and any annexes
thereto.
In petitions for certiorari before the
Supreme Court and the Court of
Appeals, the provisions of Section 2,
Rule 56, shall be observed. Before
giving due course thereto, the court
may require the respondents to file
their comment to, and not a motion to
dismiss, the petition. Thereafter, the
court may require the filing of a reply
and such other responsive or other
pleadings as it may deem necessary
and proper.
No summons is issued in a petition for
certiorari.
Instead of summons, the court shall issue
an order requiring the respondent to
comment on the petition within 10 days
from receipt of a copy of the petition.
Jade A. Lorenzo
The comment shall be issued only if the
court finds that the petition is sufficient in
form and substance.
The petition may be outrightly dismissed
if found not to be sufficient in both form
and substance.
The determination of the completeness or
sufficiency of the form of the petition is
largely left to the discretion of the court
taking cognizance of the petition.
The order to comment shall be served
together with a copy of the petition and
the annexes thereto.
Note: A comment shall be filed; not a
motion to dismiss.
Before giving due course to the petition,
the court may require the filing of a reply
and such other responsive or other
pleadings as it may deem necessary and
proper.
Rule 65 Certiorari, Prohibition and
Mandamus
Section 7. Expediting proceedings;
injunctive relief. The court in which
the petition is filed may issue orders
expediting the proceedings, and it may
also grant a temporary restraining
order or a writ of preliminary
injunction for the preservation of the
rights of the parties pending such
proceedings. The petition shall not
interrupt the course of the principal
case, unless a temporary restraining
order or a writ of preliminary
injunction has been issued, enjoining
the public respondent from further
proceeding with the case.
The public respondent shall proceed
with the principal case within 10 days
from the filing of a petition for
certiorari with a higher court or
tribunal, absent a temporary
restraining order or a preliminary
injunction, or upon its expiration.
Failure of the public respondent to
proceed with the principal case may be
a ground for administrative charge.*
*As amended by AM-07-7-12-SC, December
27, 2007
NECESSITY FOR A WRIT OF INJUNCTION
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The filing of a petition for certiorari does THE COURT HAS THESE OPTIONS AFTER
not interrupt the course of the principal THE COMMENT IS FILED:
action unless an application for a
Hear the case
temporary restraining order or a writ of
Require the parties to submit
preliminary injunction is granted by the
higher court. memoranda.
By virtue of the amendment introduced After hearing or submission of
by AM-07-7-12-SC, the court that issued memoranda, the court shall render
the writ of preliminary injunction against judgment for the relief prayed for or to
the lower court, tribunal, board, officer, or which the petitioner is entitled.
quasi-judicial agency
shall decide the main case or petition
within 6 months from the issuance of the GROUNDS FOR DISMISSAL OF THE
writ. PETITION

Rule 65 Certiorari, Prohibition and The petition id found to be patently

Mandamus
Section 8. Proceedings after comment
is filed. After the comment of other
pleadings required by the court are
filed, or the time for the filing thereof
has expired, the court may hear the
case or require the parties to submit
memoranda. If, after such hearing or
filing of memoranda or upon the
expiration of the period for filing, the
court finds that the allegations of the
petition are true, it shall render
judgment for such relief to which the
petitioner is entitled.
However, the court may dismiss the
petition if it finds the same patently
without merit or prosecuted manifestly
for delay, or if the questions raised
therein are too unsubstantial to
require consideration. In such event,
the court may award in favor of the
respondent treble costs solidarily
against the petitioner and counsel, in
addition to subjecting counsel to
administrative sanctions under Rule
139 and 139-B of the Rules of Court.
The Court may impose motu proprio,
based on res ipsa loquitur, other
disciplinary sanctions or measures on
erring lawyers for patently dilatory
and unmeritorious petitions for
certiorari.*
*As amended by AM-07-7-12-SC, December
27, 2007
without merit.
The petition is prosecuted manifestly for
delay.
The questions raised in the petition are
too unsubstantial to require
consideration.
EFFECT OF FILING UNMERITORIOUS
PETITIONS
The court may award in favor of the
respondent treble costs solidarily against
the petitioner and counsel, in addition to
subjecting the counsel to administrative
sanctions under Rule 139 and 139-B of
the Rules of Court.
The court may impose, motu proprio,
based on res ipsa loquitur, other
disciplinary sanctions or measures on
erring lawyers for patently dilatory and
unmeritorious petitions for certiorari.
Rule 65 Certiorari, Prohibition and
Mandamus
Section 9. Service and enforcement of
order or judgment. A certified copy of
the judgment rendered in accordance
with the last preceding section shall
be served upon the court, quasi-
judicial agency, tribunal, corporation,
board, officer or person concerned in
such manner as the court may direct,
and disobedience thereto shall be
punished as contempt. An execution

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may issue for any damages or costs judgments or final against an
awarded in accordance with Section 1 orders interlocutory order
of Rule 39. or matters where no
appeal may be taken
from
A certified copy of the judgment rendered
in the certiorari proceedings shall be Purpose is to annul
served upon the public respondent the proceedings of a
concerned. lower tribunal and
Disobedience to the judgment or order prevent an unlawful
and oppressive
shall be punished as contempt.
exercise of legal
RELIEF authority
Raises only Raises questions of
The primary relief will be annulment or questions of law jurisdiction
modification of the judgment, order, Filed within 15 days Filed not later than
resolution or proceeding subject of the from notice of 60 days from notice
judgment or final of judgment, order
petition.
order appealed from or resolution sought
Relief may also include such other
to be assailed
incidental reliefs as law and justice may Prior motion for Prior motion for
require. reconsideration is reconsideration is
The court may also award damages. not required required
The execution of the award and damages Stays the judgment Does not stay the
or costs shall follow the procedure in Sec. appealed from judgment or order
1, Rule 39 of the Rules of Court. subject of the
petition unless
REVIEW OF JUDGMENT IN A CERTIORARI enjoined or
PETITION restrained
The parties are The tribunal, board,
The decision of a court in a petition for original parties with or officer exercising
certiorari in Rule 65 is reviewable by the appealing party judicial or quasi-
appeal because certiorari is an as the petitioner and judicial functions is
original action. the adverse party as impleaded as
o Decision of the Court of Appeals the respondent respondent.
Filed with the Filed with the RTC
petition for review on certiorari to
Supreme Court
the Supreme Court
o Appeal to the Supreme Court
petition for review on certiorari WHEN A RULE 45 PETITON IS
o Decision of the RTC notice of CONSIDERED A RULE 65 PETITION
appeal to the Court of Appeals
Rule 41 (RTC original jurisdiction) Happens when the subject of the recourse
is one of jurisdiction, or the act
SPECIFIC DISTINCTIONS BETWEEN complained of is perpetrated by a court
CERTIORARI UNDER RULE 45 AND with grave abuse of discretion amounting
CERTIORARI UNDER RULE 65 to lack or excess of jurisdiction,
Rule 45 Rule 65 CERTIORARI UNDER RULE 64 v.
Appeal by certiorari Petition for certiorari CERTIORARI UNDER RULE 65
or petition for review
on certiorari Rule 64 Rule 65
A mode of appeal an original and Directed only Directed against any
independent action against the tribunal, board or
Seeks to review final Usually directed judgments, final officer exercising

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20 & REVIEWER in SPECIAL CIVIL ACTIONS
orders or resolution judicial or quasi- reconsideration or for reconsideration
of the COMELEC and judicial functions new trial, if allowed, or new trial id
COA interrupts the period denied, is 60 days
Filed within 30 days Filed within 60 days for the filing of a from notice of
from notice of from notice of petition for certiorari denial. (MR is
judgment judgment required).
The filing of a The period to file the
motion for petition, if motion

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