Rule 65

CERTIORARI,
PROHIBITION
AND
MANDAMUS
1

CERTIORARI
(supervisory or superintending writ)
This extraordinary remedy is availed of to
annul or modify the proceedings of a tribunal,
board or officer exercising judicial or quasijudicial functions which has acted without or
in excess of jurisdiction, or with grave abuse
of discretion amounting to lack of jurisdiction.
For this petition to prosper, it is necessary to
allege and show that there is no more appeal,
or any other plain, speedy, and adequate
remedy in the ordinary course of law.
2

CERTIORARI
(supervisory or superintending writ)
This extraordinary remedy is availed of to
annul or modify
the
proceedings
of
a
tribunal,
judicial or quasi-judicial
board or officer exercising judicial or extraexcess of
functions
judicial functions which
has acted without or
grave
abuse
of
jurisdiction
in excess of jurisdiction,
or with
grave abuse
discretion
of discretion amounting to
lack of jurisdiction.
For this petition to prosper, it is necessary to
allege and show that there is no more appeal,
or any other plain, speedy, and adequate
remedy in the ordinary course of law.
3

1. Judicial or Quasi-judicial Functions

Judicial function refers to the power to
determine what the 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.
A quasi-judicial function refers to the acts of
public administrative officers or bodies
required to investigate facts or ascertain the
existence of facts, hold hearings, and draw
conclusions from them, as a basis for their
official actions, and to exercise discretion of a
judicial nature. (Lupangco vs. CA, 160 SCRA 848)
4

2. Excess of jurisdiction
That the act, though within the
general power of the 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 in respect of it are
wanting.

3. Grave abuse of discretion

Mere abuse of discretion is not enough. For
certiorari to lie, the abuse must be
grave.
There must be proof that the act of the
tribunal or court emanated from the
capricious and whimsical exercise of
judgment. Likewise, the use of discretion
should have been arbitrary due to passion,
prejudice or personal hostility so patent
and gross that it amounts to evasion to
perform a positive duty under the law.
(Gillamacs Marketing Corporation vs. Aboitiz shipping Corp. G.R. No. 155824, January
31,2007)
6

Is the petition based on

jurisdictional grounds?

NO

YES

Certiorari
is not
availabl
e

Certiorari
is
availabl
e

Appeal is
availabl
e
7

Does the petitioner have the remedy

of appeal or any other remedy?

YES

NO

Certiorari
is not
availabl
e

Certiorari
is
availabl
e

Appeal is
availabl
e

If it is not
adequate,
speedy or
equally
beneficial as
certiorari

When to file the petition for

certiorari
The petition is to be filed within sixty
(60) days from the notice of
judgment, order or resolution. In case
a motion for reconsideration or a
motion for new trial is timely filed,
whether such motion is required or
not, the sixty (60) day period shall be
counted from notice of the denial of
said motion.
9

Material data (date) Rule

Under material date rule, three material
dates must be stated in the petition
a. The date when the judment or final
order or resolution was received.
b. The date when a motion for a new trial
or motion for reconsideration when one
was filed, and
c. The date when notice of the denial
therof was received
(Sec. 3, Rule 46, rules of Court; Great southern Maritime Services Corp vs.
Acua,452 SCRA 422, Feb. 28, 2005)
10

Distinctions between certiorari and appeal

Appeal

Certiorari

proper to correct errors of

jurisdiction committed by the lower
proper where the error is of law or
court, or grave abuse of discretion
fact which is a mistake of judgment
which is tantamount to lack of
jurisdiction
filed within the period of appeal
filed within sixty (60) days from
(usually fifteen (15) days from notice of the
notice of judgment order or
judgment or within thirty (30) days where a
resolution
record on appeal is required)
it is a continuation of the original
case

it is an original and independent

action

the parties are the original parties it impleads the tribunal, court,
to the case
board or officer
11

Necessity for a motion for

reconsideration
The filing of the 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. (Reyes vs. CA, 321 SCRA 368)
The mere fact that a petitioner fails to
move for the reconsideration of the court
a quos order denying his motion is
sufficient cause for the outright dismissal
of a petition for the certiorari.
12

Recognized exception to the

requirement of a motion for
reconsideration

a. Where the order is a patent nullity, as where the

court a quo has no jurisdiction;
b. Where the questions raised in the certiorari
proceeding have been duly raised and passed by the
lower court, or are the same as those raised and
passed upon in the lower court;
c. Where 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;
d. Where the subject matter of the action is perishable;
e. Where under
the circumstances, a motion for
reconsideration would be useless;
13

Recognized exception to the requirement of a motion

for reconsideration

f. Where petitioner was deprived of due

process and there is extreme urgency for
relief;
g. Where in a criminal case, relief from order
of arrest is urgent and granting of such
relief by the trial court is improbable;
h. Where the proceedings in the lower court
are a nullity for lack of due process;
i. Where the proceedings was ex parte or in
which the petitioner had no opportunity to
object; and
j. Where the issue raised is one purely of law14

Necessity for a writ of injunction;

certiorari not sufficient
The filing of a petition for certiorari
does not interrupt the course of the
principal action nor the running of
the reglementary periods involved in
the proceeding, UNLESS an
application for a restraining order or
writ of preliminary injunction to the
appellate court is granted.
15

Duty of the court when a petition for

certiorari is filed
The public respondent has the duty
to proceed with the principal case
within ten (10) days from the filing
of the petition for certiorari with a
higher court of tribunal, absent a
temporary restraining order or a writ
of preliminary injunction, or upon its
expiration.
(Amendment to Sec. 7 of Rule 65 per A.M. No. 07-7-SC, effective Dec.
16
27, 2007)

No petition for certiorari in a

summary proceeding
In a summary proceeding, petitions for
certiorari, prohibition or mandamus
against an interlocutory order of the
court are not allowed.
(Sec. 19, 1991 Revised Rule on Summary Proceeding)

17

Go vs. Court of Appeals

297

SCRA 574
Exception (Pro Hac Vice)
Facts: The trial court indefinitely suspending the
proceedings in ejectment cases, thus contrary
to the purpose of the Rules on Summary
Procedure.
Held: The SC gave due course to the petition
because of the extraordinary circumstances of
the case. The court observed that allowing the
petition would avoid the mischiefs and sought
to be curbed by the Rules and would give spirit
and life to the Rules on Summary Procedure.
18

Certiorari not substitute for

lost appeal
Certiorari is not and cannot be made a
substitute for an appeal where the latter
is available but was lost through fault or
negligence.
The existence and availability of the right
to appeal prohibits the resort to
certiorari
because
one
of
the
requirements for certiorari is that there
is no appeal.
(Bugarin v. Palisoc, G.R. No. 157985, Dec. 2, 2005)
19

Certiorari not substitute for lost appeal

The remedies of appeal and certiorari

are mutually exclusive and not
alternative or successive.
Thus, a petitioner must show valid
reasons why the issues raised in his
petition for certiorari could not have
been raised on appeal.
(Banco Filipino Savings and Mortgaged Bank vs. Court of appeals,
334 SCRA 3025)

20

When certiorari is available despite

the loss of appeal
Certiorari may still be invoked when appeal
is lost without the appellants negligence
When public welfare and the advancement
of public policy dictates
When the broader interest of justice so
requires
When the writs issued are null and void, and
When the questioned order amounts to an
oppressive exercise of judicial authority
21

Essential requisites for a petition for

certiorari
1. The petition must be directed against a tribunal,
corporation, board or person exercising judicial,
quasi-judicial;
2. The tribunal, corporation, board or person must
have acted without or in excess of jurisdiction or
with grave abuse of discretion;
3. There is neither appeal nor any other plain, speedy
and adequate remedy in the ordinary course of law
for the purpose of annulling and modifying the
proceedings;
4. There must be a capricious, arbitrary and whimsical
exercise of power for it to prosper
22

How to avail of the remedy of certiorari

1.
File a
Alleging the facts with certainty and praying that
judgment be rendered annulling and modifying
verified
the proceedings of its tribunal, board or officer,
petition in
and granting such incidental reliefs as law and
justice may require.
the proper
court 2.
Shall be accompanied by:
(a)a certified true
copy of the
Two (2) sets of documents:
The first set consist of certified
judgment, order or
true copies of the judgment, order
resolution subject of
or resolution subject of the petition.
the petition
The second set consist of copies of
(b)Copies of all
the pleadings, portions of the case
relevant pleadings
record and other documents which
are material and pertinent to the
and documents
petition.
(c)A sworn certificate
of non-forum
shopping
23

Court where petition is filed

SC has original jurisdiction to
issue writs of certiorari,
prohibition, mandamus, quo
warranto, habeas corpus and
injunction but not exclusive.

SC

SHALL BE FILED
IN THE

EXCLUSIVELY WITH

2. Whether or not the same

is in aid of its appellate
jurisdiction
2.a. If it involves acts or
omission of a Quasi-judicial
Agency

4. If election cases involving

an act or omission of a
municipal or regional trial
court; in aid of its appellate
jurisdiction
SHALL BE FILED

COMEL
EC

CA

SHALL BE FILED and COGNIZABLE

ONLY BY THE
Exception: Unless otherwise
provided by law or by the Rules of
Court
(S.4.R.65)

SANDIGANBA
YAN

3. Whether or not the same

is in aid of its appellate
jurisdiction
(A.M. No. 07-7-12SC)
MAY BE
FILED
SHALL BE FILED
IN THE

RT
C

(exercising
jurisdiction over the
territorial area)

1. If the petition relates to the

acts or omission of a lower
court/corporation/board/officer/p
erson
(S.4.R.65; S.29.BP Blg.129)
24

Parties to the petition

The petition shall be filed by the
person aggrieved. It pertains to the
person who was a party in the
proceedings before the lower court.
(Tong v. CA 325 SCRA 394)

Where the petition relates to the acts

or omissions of a judge, court, quasijudicial agency, tribunal, corporation,
board officer or person, the petitioner
shall join as private respondent with
the public respondent, the person or
interested
in
sustaining
the

25

Order to comment
1. Filed petition for
certiorari
Is it sufficient in both substance
and form?
YES
2. The
court shall
issue an
order to
comment
on the
petition
3. File
comment
or other
pleadings

NO
2. Outrightly
dismissed

Within ten (10) days

from receipt of copy

1. If in SC and CA:
The respondent to be required
to file a comment to the
petition and not a motion to
dismiss
2. The court may require the
filing of a reply and such other
responsive or other pleadings
as it may deem necessary and
proper.

5. The court shall

render for the
relief prayed for
or to which the
petitioner is
entitled
If the court
4. The court may
finds the
hear the case or
allegations
of the
require the
petition are
parties to submit
true
memoranda
26

Distinctions between certiorari under Rule

45 and certiorari under Rule 65
Certiorari under
Rule 45

Certiorari under
Rule 65

although called a petition for review on a special civil action that is an

certiorari, is a MODE OF APPEAL
ORIGINAL AND INDEPENDENT ACTION
may be directed against an
seeks to review final judgment or final
interlocutory order or matters where no
orders
appeal may be taken from
raises questions of jurisdiction because
a tribunal, board or officer exercising
judicial or quasi-judicial functions acted
As a rule, raises only questions of law without jurisdiction or in excess of
jurisdiction or with grave abuse of
discretion amounting to lack of
jurisdiction
filed within fifteen (15) days from notice filed not later than sixty (60) days from
of judgment or final order appealed
notice of judgment, order or resolution
from
sought to be assailed
and in case a motion for
reconsideration or new trial is timely
filed whether such motion is required or
not, the sixty (60) day period shall be

Distinctions between certiorari under

Rule 45 and certiorari under Rule 65
Certiorari under
Rule 45

Certiorari under
Rule 65

not required a prior motion for

reconsideration

as a general rule, a prior motion for

reconsideration is required

stays the judgment appealed from

does not stay the judgment appealed

from or order subject of the petition
unless enoined or restrained

parties are the original parties with the

appealing party as the petitioner and
the tribunal, board, officer exercising
the adverse party as respondent
judicial or quasi-judicial function is
without impleading the lower court or impleaded as respondent
its judge
is filed with the SC

is filed with the RTC, CA, and SC or with

the Sandiganbayan

When a Rule 45 petition is

considered as a Rule 65 petition
This happens in cases where the subject of
the recourse was one of jurisdiction, or the
act complained of was perpetrated by a
court with grave abuse of discretion
amounting to lack or excess of jurisdiction
but when the petition denominated as a
Rule 45 petition neither involves any issue
on jurisdiction nor a grave abuse of
discretion on the part of the CA, it should be
dismissed outright.
(China Banking Corporation vs. Asian Construction and Development
Corporation G.R. No. 158271, April , 2008)
29

Distinctions between certiorari

under Rule 64 and certiorari
under Rule 65
Certiorari under
Rule 64

Certiorari under
Rule 65

directed ONLY to the judgments,

directed to ANY tribunal, board or
final orders or resolutions of the
officer exercising judicial or quasiCOMELEC and the COA
judicial functions
filed within thirty (30) days from
filed within sixty (60) days from
notice of judgment
notice of judgment
the filing of motion for
reconsideration or a motion for new
trial if allowed, interrupts the period the period within which to file the
for the filing of the petition for
petition if the motion for
certiorari; if denied - the aggrieved reconsideration or new trial is
party may file the petition w/in the denied, is sixty (60) days from
remaining period, but w/c shall not notice of the denial of the motion.
be less than five (5) days reckoned
from the notice of denial
30

PROHIBITION
An extraordinary writ commanding a
tribunal, corporation, board or person,
whether exercising functions that are
judicial, quasi-judicial or ministerial, to
desist from the further proceedings when
said proceedings are without or in excess of
its jurisdiction, or with grave abuse of
discretion, there being no appeal, or any
other plain, speedy and adequate remedy in
the ordinary course of law. (Sec. 2, Rule 65, rules of
Court)
31

 It is granted when it is necessary for

the orderly administration of justice,
or prevent the use of the strong arm
of the law in an oppressive or
vindictive manner, or multiplicity of
action. (Longino vs. General, 451 SCRA 423)
It is an original and independent
action. Neither an ancillary or
substitute to the action which the
supervisory authority of the appellate
court is sought and directed.
32

Mayon Estate Corp. vs. Marietta

Altura 440 SCRA 377
An action for prohibition or certiorari,
for that matter, does not divest the
inferior or trial court of its jurisdiction
validly acquired over the case
pending before it; it is merely an
invocation for the exercise of its
supervisory power over the lower
court to insure that the lower court
acts within its jurisdiction.
33

Requisites for a writ of prohibition

1. The petition must be directed against a tribunal,
corporation, board or person exercising judicial, quasijudicial, or ministerial functions;
2. The tribunal, corporation, board or person must have
acted without or in excess of jurisdiction or with grave
abuse of discretion amounting to lack of jurisdiction;
3. There is no appeal or any other plain, speedy and
adequate remedy in the ordinary course of law;
4. Like a petition for certiorari, the petition for prohibition
shall be accompanied by a certified true copy of the
judgment or order subject of the petition, copies of all
pleadings and
documents relevant and pertinent
thereto, and sworn certificate of non-forum shopping.
34

Prohibition distinguished from

injunction
Injunction

Prohibition

directed to the court or

tribunal directing it to
directed against a party to
refrain from the
the action.
performance of acts which
it has no jurisdiction to
perform.

35

Prohibition distinguished from

certiorari
Writ of Certiorari

Writ of
Prohibition

seeks to annul a judicial or a

quasi-judicial act

directed not only to a judicial or

quasi-judicial act but even to a
ministerial act

directed to the action of the

court which is sought to be
annulled

directed to the court itself to

restrain it from further
proceeding with the case

the purpose is to annul or

the purpose is to command the
modify the judgment, order,
respondent to desist from the
resolution or proceedings of the
further proceedings
public respondent
36

MANDAMUS

37