NON REFERRAL TO THE BARANGAY: DIRECT FILING

1. Maximum penalty of imprisonment, more than 1 year (prision correccional UP)

2. Maximum penalty of fine, more than 5,000
3. Offense without a private offended party
4. Dispute involves real properties located in different cities or municipalities
EXCEPT agreed to settle in an appropriate Lupon
5. Parties reside in barangays of different cities or municipalities EXCEPT
submission to an appropriate Lupon
6. Accused is under detention or police custody
7. One party is the government, any subdivision or instrumentality
8. One party is a public officer or employee in relation to the performance of his
official functions

METROPOLITAN / MUNICIPAL / MUNICIPAL CIRCUIT TRIAL COURT

CRIMINAL
1. Imprisonment, 6 years and below (prision correccional DOWN)
2. Fine, maximum of 4,000
3. Damage to property through criminal negligence
4. Offenses committed by public officers and employees in relation to their office
5. Violation of city or municipal ordinances

REGIONAL TRIAL COURT

CRIMINAL
1. Imprisonment, more than 6 years (prision mayor UP)
2. Fine, more than 4,000
3. Complex crimes
4. Illegal recruitment cases
5. Intellectual property cases
6. Environmental law cases
7. Libel
8. Criminal cases not within exclusive jurisdiction of any court, tribunal

SUMMARY PROCEDURE

CRIMINAL
1. Imprisonment, 6 months or less (arresto mayor DOWN)
2. Traffic violations
3. Violation rental law
4. Violation of city or municipal ordinances
5. Damage to property through criminal negligence, fine of 10,000 or less
6. BP 22
 General Rule: REFERRAL OF THE CASE TO THE BARANGAY

Exceptions: DIRECT FILING IN COURT

1. One party is the government, any subdivision or instrumentality

2. One party is a public officer or employee in relation to the performance of his official functions
3. Maximum penalty of imprisonment, more than 1 year
4. Maximum penalty of fine, more than 5,000
5. Offense without a private offended party
6. Dispute involves real properties located in different cities or municipalities EXCEPT agreed to settle in
an appropriate Lupon
7. Parties reside in barangays of different cities or municipalities EXCEPT submission to an appropriate
Lupon
8. Accused is under detention or police custody
9. Habeas corpus proceedings
10. Actions with provisional remedies (preliminary injunction, attachment, replevin, support pendent lite)
11. Actions barred by Statute of Limitations
12. Any of the party is a juridical person (corporation, partnership, testate or intestate estate)
 RULE 40, NOTICE OF APPEAL
(MTC – RTC)

Via Notice of Appeal – 15 days.

1. Parties
2. Judgment or final order or part thereof appealed from,
3. Material dates showing the timeliness of the appeal.
4. Grounds.

Appellant’s Memorandum – 15 days. Non-filing is ground to dismiss the appeal.

Appellee’s Memorandum – 15 days from receipt of Appellant’s Memorandum.

Record on appeal – 30 days:

1. Notice of appeal (see above) and
2. Record on appeal.
 RULE 41, NOTICE OF APPEAL
(RTC ORIGINAL – CA)

Notice of appeal.— 15 days. Pay appeal fees to RTC OCC.

1. Parties to the appeal,
2. Judgment or final order or part thereof appealed from,
3. The court to which the appeal is being taken, and
4. Material dates showing the timeliness of the appeal.

Record on appeal; form and contents thereof—

1. Full names of all the parties to the proceedings shall be stated in the caption of the record on appeal.
2. Judgment or final order from which the appeal is taken and,
3. In chronological order, copies of only such pleadings, petitions, motions and all interlocutory orders as
are related to the appealed judgment or final order for the proper understanding of the issue involved,
together with such data as will show that the appeal was perfected on time.
4. If an issue of fact is to be raised on appeal, the record on appeal shall include by reference all the
evidence, testimonial and documentary, taken upon the issue involved.
5. The reference shall specify the documentary evidence by the exhibit numbers or letters by which it was
identified when admitted or offered at the hearing, and the testimonial evidence by the names of the
corresponding witnesses.
6. If the whole testimonial and documentary evidence in the case is to be included, a statement to that
effect will be sufficient without mentioning the names of the witnesses or the numbers or letters of
exhibits.
7. Every record on appeal exceeding twenty (20) pages must contain a subject index. (6a)

Approval of record on appeal —

1. Upon the filing of the record on appeal for approval and if no objection is filed by the appellee within
five (5) days from receipt of a copy thereof, the trial court may approve it as presented or upon its own
motion or at the instance of the appellee, may direct its amendment by the inclusion of any omitted
matters which are deemed essential to the determination of the issue of law or fact involved in the
appeal.
2. If the trial court orders the amendment of the record, the appellant, within the time limited in the
order, or such extension thereof as may be granted, or if no time is fixed by the order within ten (10)
days from receipt thereof, shall redraft the record by including therein, in their proper chronological
sequence, such additional matters as the court may have directed him to incorporate, and shall
thereupon submit the redrafted record for approval, upon notice to the appellee, in like manner as the
original draft. (7a)

Joint record on appeal.—Where both parties are appellants, they may file a joint record on appeal
within the time fixed by section 3 of this Rule, or that fixed by the court.

Perfection of appeal; effect thereof—

1. A party’s appeal by notice of appeal is deemed perfected as to him upon the filing of the notice of
appeal in due time.
2. A party’s appeal by record on appeal is deemed perfected as to him with respect to the subject matter
thereof upon the approval of the record on appeal filed in due time.
3. In appeals by notice of appeal, the court loses jurisdiction over the case upon the perfection of the
appeals filed in due time and the expiration of the time to appeal of the other parties.
4. In appeals by record on appeal, the court loses jurisdiction only over the subject matter thereof upon
the approval of the records on appeal filed in due time and the expiration of the time to appeal of the
other parties.
5. In either case, prior to the transmittal of the original record or the record on appeal, the court
5.1. may issue orders for the protection and preservation of the rights of the parties which do not involve
any matter litigated by the appeal,
5.2. approve compromises,
5.3. permit appeals of indigent litigants,
5.4. order execution pending appeal in accordance with section 2 of Rule 39, and
5.5. allow withdrawal of the appeal.

Appellant’s brief.— Forty-five (45) days to file from receipt of notice from CA. Seven (7) copies. With
proof of service of two (2) copies thereof upon the appellee.

Appellee’s brief—Forty-five (45) days from receipt of the appellant’s brief. Seven (7) copies. With proof
of service of two (2) copies thereof upon the appellant.

Appellant’s reply brief.—Twenty (20) days from receipt of the appellee’s brief. Answer points in the
appellee’s brief not covered in his main brief of appellant.

Time of filing memoranda in special cases.—In certiorari, prohibition, mandamus, quo

warranto and habeas corpus cases, the parties shall file, in lieu of briefs, their respective memoranda
within a non-extendible period of thirty (30) days from receipt of the notice issued by the clerk that all
the evidence, oral and documentary, is already attached to the record.

Failure of the appellant to file his memorandum within the period therefor may be a ground for
dismissal of the appeal.

Extension of time for filing briefs.—Extension of time for the filing of briefs will not be allowed, except
for good and sufficient cause, and only if the motion for extension is filed before the expiration of the
time sought to be extended.

Contents of appellant’s brief.— In the order herein indicated:

(a) A subject index of the matter in the brief

>with a digest of the arguments and page references, and
>table of cases alphabetically arranged, textbooks and statutes cited with references to the pages where
they are cited;
(b) Assignment of errors numbered consecutively;
(c) “Statement of the Case” - a clear and concise statement of
>nature of the action,
>summary of the proceedings,
> appealed rulings and orders of the court,
>nature of the judgment and
>any other matters necessary to an understanding of the nature of the controversy,
>with page references to the record;
(d) “Statement of Facts” –
>Facts admitted by both parties
> Facts in controversy,
> With the substance of the proof relating thereto
> With page references to the record;
(e) Statement of the issues of fact or law
(f) “Argument” –
>Appellant’s arguments on each assignment of error
> With page references to the record.
 > The authorities relied upon shall be cited by the page of the report at which the case begins
and the page of the report on which the citation is found:
(g) “Relief” - a specification of the order or judgment which the appellant seeks; and
(h) Appellant’s brief shall contain, as an appendix, a copy of the judgment or final order appealed from.

Contents of appellee’s brief.— In the order herein indicated, the following:

(a) Subject Index

(b) “Statement of Facts” - Appellee shall state that he accepts the statement of facts in the appellant’s
brief, or under the heading “Counter-Statement of Facts,” he shall point out such insufficiencies or
inaccuracies as he believes exist in the appellant’s statement of facts with references to the pages of the
record in support thereof, but without repetition of matters in the appellant’s statement of facts; and
(c) “Argument” - the appellee shall set forth his arguments in the case on each assignment of error
with page references to the record.
> The authorities relied on shall be cited by the page of the report at which the case begins and
the page of the report on which the citation is found.

Questions that may be raised on appeal.- Appellant may include in his assignment of errors any
question of law or fact that has been raised in the court below and which is within the issues framed by
the parties.

Note - He cannot raise a new issue for the first time on appeal.

Amendment

Section 1. Subject of appeal. An appeal may be taken from a judgment or final order that completely disposes of
the case, or of a particular matter therein when declared by these Rules to be appealable. hanrobles virtual law l

No appeal may be taken from:

1. An order denying a petition for relief or any similar motion seeking relief from judgment;
2. An interlocutory order;
3. An order disallowing or dismissing an appeal;
4. An order denying a motion to set aside a judgment by consent, confession or compromise on the ground of
fraud, mistake or duress, or any other ground vitiating consent; hanrobles virtual law l
5. An order of execution; hanrobles virtual law l
6. A judgment or final order for or against one or more of several parties or in separate claims, counterclaims,
cross-claims and third-party complaints, while the main case is pending, unless the court allows an appeal
therefrom; and hanrobles virtual law l
7. An order dismissing an action without prejudice.

In any of the foregoing circumstances, the aggrieved party may file an appropriate special civil action as
provided in Rule 65.
 RULE 42, PETTION FOR REVIEW
(RTC APPELLATE – CA)

How appeal taken; time for filing.—

1. Verified petition for review with the Court of Appeals – 15 days,
2. Paying at the same time to the CA clerk of court the corresponding docket and other lawful fees and
costs, and
3. Furnishing the Regional Trial Court and the adverse party with a copy of the petition.
4. Upon proper motion and the payment of the full amount of the docket and other lawful fees and the
deposit for costs before the expiration of the reglementary period, the Court of Appeals may grant an
additional period of fifteen (15) days only within which to file the petition for review.
5. No further extension shall be granted except for the most compelling reason and in no case to exceed
fifteen (15) days. (n)

Form and contents of Petition For Review.—

1. Verified petition seven (7) legible copies,
2. With the original copy intended for the court being indicated as such by the petitioner,
3. Full names of the parties to the case, without impleading the lower courts or judges thereof either as
petitioners or respondents;
4. Specific material dates showing that it was filed on time;
5. Statement of the maters involved,
6. Issues raised,
7. Specification of errors of fact or law, or both, allegedly committed by the Regional Trial Court, and
8. Reasons or arguments relied upon for the allowance of the appeal;
9. Accompanied by clearly legible duplicate originals or true copies of the judgments or final orders of
both lower courts, certified correct by the clerk of court of the Regional Trial Court, the requisite
number of plain copies thereof and of the pleadings and other material portions of the record as would
support the allegations of the petition.
10. Verification and Anti-Forum Shopping Certification under oath
11. Affidavit of Service – Adverse parties. Lower Court.
12. CD of pleadings and annexes (PDF format)
13. Explanation

Action on the petition.—The Court of Appeals may require the respondent to file a comment on the
petition, not a motion to dismiss, within ten (10) days from notice, or dismiss the petition if it finds the
same to be patently without merit, prosecuted manifestly for delay, or that the questions raised therein
are too unsubstantial to require consideration. (n)

Contents of comment.— seven (7) legible copies,

1. Accompanied by certified true copies of such material portions of the record referred to therein
together with other supporting papers and
2. State whether or not he accepts the statement of matters involved in the petition;
3. Point out such insufficiencies or inaccuracies as he believes exist in petitioner’s statement of matters
involved but without repetition; and
4. State the reasons why the petition should not be given due course.
5. A copy thereof shall be served on the petitioner.
6. Affidavit of Service.
7. CD of pleading and annexes (PDF format).
8. Explanation.
9. Verification and AFS Certif optional/not mandatory.
 Due course.—If the Court of Appeals finds prima facie that the lower court has committed an error of
fact or law that will warrant a reversal or modification of the appealed decision, it may accordingly give
due course to the petition.

Elevation of record.—Whenever the Court of Appeals deems it necessary, it may order the clerk of
court of the Regional Trial Court to elevate the original record of the case including the oral and
documentary evidence within fifteen (15) days from notice.(n)

Perfection of appeal; effect thereof —

(a) Upon the timely filing of a petition for review and the payment of the corresponding docket
and other lawful fees, the appeal is deemed perfected as to the petitioner.
The Regional Trial Court loses jurisdiction over the case upon the perfection of the appeals filed in due
time and the expiration of the time to appeal of the other parties.
However, before the Court of Appeals gives due course to the petition, the Regional Trial Court may
issue orders for the protection and preservation of the rights of the parties which do not involve any
matter litigated by the appeal, approve corn-promises, permit appeals of indigent litigants, order
execution pending appeal in accordance with section 2 of Rule 39, and allow withdrawal of the appeal.
(b) Except in civil cases decided under the Rule on Summary Procedure, the appeal shall stay the
judgment or final order unless the Court of Appeals, the law, or these Rules shall provide otherwise.

Submission for decision.—

If the petition is given due course, the Court of Appeals may set the case
1. For oral argument
2. Or require the parties to submit memoranda within a period of fifteen (15) days from notice.
 RULE 43, PETITION FOR REVIEW
(QUASI JUDICIAL AGENCIES – CA)

Scope.— Rule 43 applies to appeals from judgments or final orders of the:

1. Any quasi-judicial agency in the exercise of its quasi-judicial functions.
2.1. Civil Service Commission,
2.2. Central Board of Assessment Appeals,
2.3. Securities and Exchange Commission,
2.4. Office of the President,
2.5. Land Registration Authority,
2.6. Social Security Commission,
2.7. Civil Aeronautics Board,
2.8. Bureau of Patents, Trademarks and Technology Transfer,
2.9. National Electrification Administration,
2.10. Energy Regulatory Board,
2.11. National Telecommunications Commission,
2.12. Department of Agrarian Reform under Republic Act No. 6657,
2.13. Government Service Insurance System,
2.14. Employees Compensation Commission,
2.15. Agricultural Inventions Board,
2.16. Insurance Commission,
2.17. Philippine Atomic Energy Commission,
2.18. Board of Investments,
2.19. Construction Industry Arbitration Commission, and
2.20. Voluntary arbitrators authorized by law.

Cases not covered.— Rule 43 does not apply to judgments or final orders issued under the Labor Code
of the Philippines – i.e., Labor Arbiter, NLRC En Banc/Division.

Period of appeal.— Fifteen (15) days.

1. Only one (1) motion for reconsideration shall be allowed.
2. Pay the appeal docket fee with the CA.
3. Court of Appeals may grant an additional period of fifteen (15) days only within which to file the
petition for review.
4. No further extension shall be granted except for the most compelling reason and in no case to exceed
fifteen (15) days.

How appeal taken..— Verified petition for review

1. Seven (7) legible copies with the Court of Appeals,
2. Proof of service of a copy thereof on the adverse party and on the court or agency a quo.
3. The original copy of the petition intended for the Court of Appeals shall be indicated as such by the
petitioner.
4. Upon the filing of the petition, the petitioner shall pay to the CA clerk of court the docketing and other
lawful fees and deposit for costs.
5. Exemption from payment of docketing and other lawful fees and the deposit for costs may be granted
by the Court of Appeals upon averified motion setting forth valid grounds therefor. If denied, must pay
the docket fees/deposit w/in 15 days.

Contents of the Petition.—

1. Full names of the parties to the case, without impleading the court or agencies either as petitioners or
respondents;
2. Specific material dates showing that it was filed within the period fixed herein.
 3. Concise statement of the facts
4. Issues involved
5. Grounds relied upon for the review;
6. Accompanied by a clearly legible duplicate original or a certified true copy of the award, judgment, final
order or resolution appealed from,
7. Certified true copies of such material portions of the record referred to therein and other supporting
papers;
8. Verification and AFS Certif.
9. Explanation
10. CD of pleading and annexes (PDF format) – not yet applied as of Dec. 27, 2013.

Action on the petition.—The Court of Appeals may

1. Require the respondent to file a comment on the petition, not a motion to dismiss, within ten (10) days
from notice,
2. Or dismiss the petition if it finds the same
2.1. to be patently without merit,
2.2. prosecuted manifestly for delay,
2.3. or that the questions raised therein are too unsubstantial to require consideration.

Contents of Comment.— Seven (7) legible copies

1. Accompanied by clearly legible certified true copies of such material portions of the record referred to
therein together with other supporting papers.
2. Point out insufficiencies or inaccuracies in petitioner’s statement of facts and issues;
3. State the reasons why the petition should be denied or dismissed.
4. A copy thereof shall be served on the petitioner,
5. Affidavit of service
6. Explanation
7. CD of pleading/annexes – not yet mandatory as of Dec. 27, 2013.

Due course.—If the Court of Appeals finds prima facie that the court or agency concerned has
committed errors of fact or law that would warrant reversal or modification of the award, judgment,
final order or resolution sought to be reviewed, it may give due course to the petition; otherwise, it shall
dismiss the same.

Factual Findings. - The findings of fact of the court or agency concerned, when supported by
substantial evidence, shall be binding on the Court of Appeals.

Effect of appeal—The appeal shall not stay the award, judgment, final order of resolution sought to be
reviewed unless the Court of Appeals shall direct otherwise upon such terms as it may deem just.

Remedy – Integrate a motion for TRO in the petition for review.

Submission for decision.—If the petition is given due course, the Court of Appeals may set the case for
oral argument or require the parties to submit memoranda within a period of fifteen (15) days from
notice.
 RULE 45, PETITION FOR REVIEW ON CERTIORARI, APPEAL BY CERTIORARI

Verified petition with Supreme Court.— Appeal by certiorari from a judgment or final order or
resolution of
1. CA - SC
2. SB - SC
3. RTC – SC
4. CTA - SC
5. or other courts whenever authorized by law

>Verified – jurat must cite govt-issued ID

> AFS Certif. – jurat must cite govt-issued ID
> Raise only questions of law
> Explanation
> Affid. of Service – jurat must cite govt-issued ID
> CD of pleading and annexes (PDF format). May be emailed to SC.
> IBP #, MCLE #, PTR #/date, IBP Chapter, Attys. Roll No.

Time for filing; extension.—The petition shall be filed within fifteen (15) days from notice of the
judgment or final order or resolution appealed from, or of the denial of the petitioner’s motion for new
trial or reconsideration filed in due time after notice of the judgment.

On motion duly filed and served, with full payment of the docket and other lawful fees and the deposit
for costs before the expiration of the reglementary period, the Supreme Court may for justifiable
reasons grant an extension of thirty (30) days only within which to file the petition.

Contents of petition—Eighteen (18) copies. Original copy intended for the court being indicated as such
by the petitioner.

1. Full name of the appealing party as the petitioner and the adverse party as respondent, without
impleading the lower courts or judges thereof either as petitioners or respondents;
2. Material dates showing when notice of the judgment or final order or resolution subject thereof was
received, when a motion for new trial or reconsideration, if any, was filed and when notice of the denial
thereof was received;
3. Statement of the matters involved,
4. Reasons or Arguments relied on for the allowance of the petition;
5. Accompanied by:

>a clearly legible duplicate original, or a certified true copy of the judgment or final order or resolution
certified by the clerk of court of the court a quo and the requisite number of plain copies thereof,
> and such material portions of the record as would support the petition;

6. Verification and AFS certification

Dismissal or denial of petition by MINUTE RESOLUTION.—

1. failure of the petitioner to comply with any of the requirements regarding

> payment of the docket and other lawful fees, deposit for costs,
> proof of service of the petition,
> the contents of petition
> the documents which should accompany the petition
 > The Supreme Court may on its own initiative deny the petition on the ground that
· the appeal is without merit,
· is prosecuted manifestly for delay,
· that the questions raised therein are too unsubstantial to require consideration.

Review discretionary under Rule 45.—A review is not a matter of right, but of sound judicial
discretion, and will be granted only when there are special and important reasons therefor. When
allowed:

(a) When the court a quo has decided a question of substance, not theretofore determined by the
Supreme Court, or has decided it in a way probably not in accord with law or with the applicable
decisions of the Supreme Court; or
(b) When the court a quo has so far departed from the accepted and usual course of judicial
proceedings, or so far sanctioned such departure by a lower court, as to call for an exercise of the power
of supervision.

Pleadings and documents that may be required; sanctions.—

1. Supreme Court may require or allow the filing of such pleadings, briefs, memoranda or documents as
it may deem necessary within such periods and under such conditions as it may consider appropriate.
2. It may impose the corresponding sanctions in case of non-filing or unauthorized filing of such
pleadings and documents or noncompliance with the conditions thereof.

Due course; elevation of records.—If the petition is given due course, the Supreme Court may require
the elevation of the complete record of the case or specified parts thereof within fifteen (15) days from
notice.

AMENDMENT

Section 1. Filing of petition with Supreme Court. A party desiring to appeal by certiorari from a judgment, final
order or resolution of the Court of Appeals, the Sandiganbayan, the Court of Tax Appeals, the Regional Trial
Court or other courts, whenever authorized by law, may file with the Supreme Court a verified petition for
review on certiorari. The petition may include an application for a writ of preliminary injunction or other
provisional remedies and shall raise only questions of law, which must be distinctly set forth. The petitioner
may seek the same provisional remedies by verified motion filed in the same action or proceeding at any time
during its pendency.
 RULE 46, ORIGINAL CASES IN THE CA

To what actions applicable.—This Rule shall apply to original actions for certiorari,
prohibition, mandamus and quo warranto.

>Actions for annulment of judgment shall be governed by Rule 47,

>Certiorari, prohibition and mandamus by Rule 65,
>Quo warranto by Rule 66.

Contents and filing of petition; effect of non-compliance with requirements.—The petition shall
contain

1. Full names and actual addresses of all the petitioners and respondents,
2. Concise statement of the matters involved,
3. Factual background of the case,
4. Grounds relied upon for the relief prayed for.
5. In actions filed under Rule 65:
>material dates showing when notice of the judgment or final order or resolution subject thereof was
received, when a motion for new trial or reconsideration, if any, was filed and when notice of the denial
thereof was received.
6. Seven (7) clearly legible copies
7. Affid. of service
8. Original copy intended for the court indicated as such by the petitioner
9. Accompanied by:
> a clearly legible duplicate original or certified true copy of the judgment, order, resolution, or ruling
subject thereof,
>such material portions of the record as are referred to therein,
>and other documents relevant or pertinent thereto.
10. Verification
11. AFS Certif.
12. Pay the corresponding docket and other lawful fees to the clerk of court and deposit the amount of
P500.00 for costs at the time of the filing of the petition.

Dismissal by minute resolution. - The failure of the petitioner to comply with any of the foregoing
requirements shall be sufficient ground for the dismissal of the petition.

Effect of failure to file comment.—When no comment is filed by any of the respondents, the case may
be decided on the basis of the record, without prejudice to any disciplinary action which the court may
take against the disobedient party.
 RULE 65, PETITION FOR CERTIORARI (SVA)

Subject of appeal.—An appeal may be taken from a judgment or final order that completely disposes of
the case, or of a particular matter therein when declared by these Rules to be appealable.

No appeal may be taken from:

(a) An order denying a motion for new trial or reconsideration;

(b) An order denying a petition for relief or any similar motion seeking relief from judgment;
(c) An interlocutory order;
(d) An order disallowing or dismissing an appeal;
(e) An order denying a motion to set aside a judgment by consent, confession or compromise on the
ground of fraud, mistake or duress, or any other ground vitiating consent.
(f) An order of execution;
(g) A judgment or final order for or against one or more of several parties or in separate claims,
counterclaims, cross-claims and third-party complaints, while the main case is pending, unless the
court allows an appeal therefrom; and
(h) An order dismissing an action without prejudice.
In all the above instances where the judgment or final order is not appealable, the aggrieved party may
file an appropriate special civil action under Rule 65.

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 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 writ of certiorari issues for the correction of errors of jurisdiction only or grave abuse of discretion
amounting to lack or excess of jurisdiction. It cannot be legally used for any other purpose. Its function is only
to keep the inferior court within the bounds of its jurisdiction or to prevent it from committing such a grave
abuse of discretion amounting to lack or excess of jurisdiction. It may issue only when the following
requirements are alleged in the petition and established: (1) the writ is directed against a tribunal, a board or
any officer exercising judicial or quasi-judicial functions; (2) 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; and (3)
there is no appeal or any plain, speedy and adequate remedy in the ordinary course of law. Excess of
jurisdiction as distinguished from absence of jurisdiction, means that an act, though within the general power
of a tribunal, a board or an officer is not authorized, and is 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.
“Without jurisdiction” means 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. It means lack of power to exercise
authority. [Land Bank of the Philippines v. Court of Appeals, 456 Phil. 755, 784-785 (2003)]

PERIOD TO FILE: 60 DAYS FROM NOTICE OF JUDGMENT, ORDER, OR RESOLUTION.

IF A MOTION FOR NEW TRIAL OR RECONSIDERATION IS FILED, THE 60-DAY PERIOD SHALL BE
COUNTED FROM NOTICE OF THE DENIAL OF THE MOTION.

“No extension of time to file the petition shall be granted except for compelling reasons and in no case
exceeding fifteen (15) days.”
Section 1. Petition for certiorari. — When any tribunal, board or officer exercising judicial or quasi-
judicial functions has acted without or in excess its or his jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction, and there is no appeal, or 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 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. (1a)

AMENDMENTS
Sec. 4. When and where to file the petition. The petition shall be filed not later than sixty (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 sixty (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. hanro