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, 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 64. (1a)

Where can be filed? SC,CA or RTC

When? “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…”

Requisites for Petition for Certiorari:

a. There must be a controversy;
b. The tribunal, board or officer against whom the controversy is brought exercises judicial or quasi-
judicial functions;
c. The tribunal, board or officer, etc. has acted without jurisdiction, or in excess of its jurisdiction or
grave abuse of discretion; and
d. There is no appeal, nor any plain, speedy or adequate remedy in the ordinary course of law. (in
LAKAS, concurrence of 4, but in RIANO just b-d,hehe)

-so can file against the RTC, CA, SEC, NLRC, etc.
Ex. On the functions of the Labor Sec. If he decides on an issue regarding a strike against a national
industry involving national interest- QUASI-JUDICIAL
But if he issues implementing rules- QUASI-LEGISLATIVE- cannot be attacked via Petition for certiorari

The tribunal, board or officer, etc. has acted without jurisdiction, or in excess of its jurisdiction or grave
abuse of discretion –
Without jurisdiction if it is acting without absolute authority. Ex. A forcible entry was filed before
the RTC (bec. Forcible entry cases are cognizable by MTC)

The court acted in excess of jurisdiction –

The court has jurisdiction but it went beyond the limits of its authority. Ex. Petition for support is
filed in the RTC with a prayer for support pendent lite. Under rule 61, court will require the defendant to
comment within 10days, and there will be a hearing. If it was granted ex parte, certiorari is proper
because it although it has authority but it exceeded.

The court acted in grave abuse of discretion –

Discretion means choice or authority to decide one way or the other. For certiorari, the abuse of
discretion must be grave. It is not enough to say that the decision of the court is wrong, the wrong must
be a grave abuse.

There is no appeal –
Ex. Order is interlocutory which is unappealable.
Certiorari is not allowed if the remedy of appeal is available because certiorari is not a substitute
for appeal.

No plain, speedy and adequate remedy in the ordinary course of law –

Principle is: do not file a certiorari without filing a prior Motion for Reconsideration.

EXCEPTIONS when Motion for Reconsideration not required:

1. Where the order is a patent nullity, as where the court a quo has no jurisdiction;
 2. 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;
3. 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;
4. Where the subject matter of the action is perishable;
5. Where under the circumstances, a motion for reconsideration would be useless;
6. Where petitioner was deprived of due process and there is extreme urgency for relief;
7. Where in a criminal case, relief from order of arrest is urgent and the granting of such relief
by the trial court is improbable;
8. Where the proceedings in the lower court are a nullity for lack of due process;
9. Where the proceedings was ex parte or in which the petitioner had no opportunity to object;
and
10. Where the issue raised is one purely of law or where public interest is involved.

In Administrative Law, under the Doctrine of Administrative Remedies, the general rule is that you cannot
go to court without exhausting all the remedies in the administrative level.
EXCEPTIONS:
a. Pure questions of law;
b. Administrative body is in estoppel;
c. The act complained of is patently illegal;
d. Urgency of judicial intervention to avoid irreparable injury;
e. No plain, speedy and adequate remedy;
f. When strong public interest requires;
g. The claim is too small;
h. Appeal to the office of the president;
i. Quo warrato;
j. Subject of controversy is a private land.

Rule 45
a. Mode of appeal
b. You are raising a question of law because
only questions of law may be raised to the
SC
c. you can appeal by certiorari without a need
of filing a motion for reconsideration
because such is optional and you can go
directly to the SC or CA or if you want you
can file a motion for reconsideration
d. a party who is aggrieved is by the decision
will be the party appealing with the SC and
he is called the petitioner, and the party
against whom the appeal is directed in
called the respondent, but you do not
include in the case the tribunal
e. remedy when you want to review a final
judgment or order, you cannot appeal
under rule45 when the order is
interlocutory
f. the period to file an appeal by certiorari is
15days
g. you are invoking the exercise of the SC’s
appellate jurisdiction and the power of
review
h. certiorari under rule45 will stay or stop the
effectivity of the judgment
Rule 65
a. This is not an appeal but an original action,
a special civil action.
b. the ground is not so much on a question of
law although it may also be included
incidentally, but whether or not the lower
court acted without jurisdiction, in excess of
jurisdiction, or grave abuse of discretion.
Thus it is a jurisdictional issue you are
raising
c.filing of motion for reconsideration is a pre-
requisite as a rule
d.the judge or the tribunal is considered as a
respondent
e.what is being questioned are interlocutory
orders, because precisely there is no appeal
f.the 15day period does not apply because this
is not an appeal but an original action. Thus it
may be filed at anytime within a reasonable
time, which is 60days
g.you are invoking its original jurisdiction under
its power of control and supervision over the
orders of the lower courts or tribunals
h.the effectivity of the order which you are
attacking will not be stayed or stopped, unless
you can get from the SC or CA a writ of
preliminary injunction or a TRO
Important requirements in filing a petition for certiorari:
a. the petition must be verified
b. the petition shall be accompanied by a certified true copy of the judgment, order or resolution
subject thereof
c. sworn certification of non-forum shopping
SEC. 2. Petition for prohibition.—When the proceedings of any tribunal, corporation,
board, officer or person, whether exercising judicial, quasi-judicial or ministerial functions,
are 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 or any other 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 commanding the respondent to desist from further
proceedings in the action or matter specified therein, or otherwise granting such
incidental reliefs as law and justice may require.
The petition shall likewise 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. (2a)
Requisites for a writ of prohibition
a. the petition must be directed against a tribunal, corporation, board or person exercising judicial,
quasi-judicial, or ministerial functions;
b. 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;
c. there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law
d. 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 a sworn certification of non-forum shopping as provided in
Sec.3 of Rule 46.
Prohibition vs. Injunction
An injunction is directed against a party to the action. Prohibition is directed to the court or
tribunal directing it to refrain from the performance of acts which it has no jurisdiction to perform.

Certiorari Prohibition

Purpose is to annul the proceedings or order Preventive remedy. Its function is to restrain the
issued by the lower tribunal. Corrective remedy and doing of some act about to be done, it is not
operates on acts already consummated. intended to provide a remedy for acts already
accomplished.

A corporation cannot be made a respondent A corporation can be made a respondent.

because it is not exercising quasi-judicial functions.

Exercising judicial or quasi-judicial functions Ministerial functions are included.

Directed to the action of the court which is sught to Directed to the court itself to restrain it from further
be annulled. proceeding with the case.

SEC. 3. Petition for mandamus.—When any tribunal, corporation, board, officer or

person unlawfully neglects the performance of an act which the law specifically enjoins as
a duty resulting from an office, trust, or station, or unlawfully excludes another from the
use and enjoyment of a right or office to which such other is entitled, and there is no other
plain, speedy and adequate remedy in the ordinary course of law, the person aggrieved
thereby may file a verified petition in the proper court, alleging the facts with certainty and
praying that judgment be rendered commanding the respondent, immediately or at some
other time to be specified by the court, to do the act required to be done to protect the
rights of the petitioner, and to pay the damages sustained by the petitioner by reason of
the wrongful acts of the respondent.
 The petition shall also contain a sworn certification of non-forum shopping as provided in the third
paragraph of section 3, Rule 46. (3a)
What are the grounds for Mandamus?
The tribunal, board, officer or person…
a. unlawfully neglects the performance of an act which the law specifically enjoins as a duty
resulting from an office, trust or station; or
b. the said tribunal, etc., unlawfully excludes another from the use or enjoyment of a right or
office to which others are entitled.

Requisites for Mandamus:

a. the plaintiff has a clear legal right to the act demanded. It will never be issued in doubtful
cases. (mandamus does not establish a legal right, but merely enforces one that is already
clearly established.)
b. it must be the duty of the defendant to perform the act because the same is mandated by law;
c. the defendant unlawfully neglects the performance of the duty enjoined by law;
d. the act to be performed is ministerial, not discretionary; and
e. there is no appeal or any other plain, speedy and adequate remedy in the ordinary course of
law.

Mandamus
Its object is to compel an inferior tribunal to comply
with the function which the law specifically
prescribes as a duty.
Affirmative remedy for it commands that something
be done.
Prohibition
Its object is to prevent an inferior tribunal from
executing an act not within or in excess of its
jurisdiction.
Purely negative for it commands that something be
left undone.

What kind of duty may be compelled by mandamus? Ministerial 

Illustration: A case of forcible entry or unlawful detainer is filed with the RTC, you filed a motion to dismiss
alleging that the court has no jurisdiction, the court denied the motion saying that it has jurisdiction.
What petition under Rule65 will you resort to?
Answer: certiorari, because the court in denying your motion is acting without or in excess of
jurisdiction; prohibition, to prohibit the judge from trying the case; and Mandamus, to command the judge
to dismiss the case. It’s a petition for certiorari, prohibition and mandamus. Certiorari to correct the wrong
order, prohibition to stop him trying the case, and mandamus to compel him to dismiss the case.

Under sec.3, damages can be awarded in a petition for mandamus. “..and to pay the damages sustained
by the petitioner by reason of the wrongful acts of the respondent.”
SEC. 4. When and where petition filed.—The petition may 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
sixty (60) day period shall be counted from notice of the denial of said motion.
The petition shall be filed in the Supreme Court or, if it relates to the acts or
omissions of a lower court or of a corporation, board, officer or person, in the Regional
Trial Court exercising jurisdiction over the territorial area as defined by the Supreme
Court. It may also be filed in the Court of Appeals whether or not the same is in aid of its
appellate jurisdiction, or in the Sandiganbayan if it is in aid of its appellate jurisdiction. If
it involves the acts or omissions of a quasi-judicial agency, and unless otherwise provided
by law or these rules, the petition shall be filed in and cognizable only by the Court of
Appeals.
In election cases involving an act or an omission of a municipal or regional trial court,
the petition shall be filed exclusively with the Commission on Elections in aid of its
appellate jurisdiction.
No extension of time to file the petition shall be granted except for compelling reason and in no case
exceeding fifteen (15) days.
Effect of filing before the trial court a motion for new trial or reconsideration- it will suspend the running of
the 60day period. When the motion is denied, you can still go on certiorari for the remaining period- but
you are guaranteed a period of 5days in any event reckoned from the denial.
The 60day period is extendible provided you cite a compelling reason because general rule is that no
extension of time to file petition shall be granted EXCEPT for the most compelling reasons and in no case
will the extension last more than 15days.
Courts which have jurisdiction to entertain petition for certiorari, prohibition and mandamus:
a. supreme court, within its original jurisdiction;
b. court of appeals, whether or not the same is in aid of its appellate jurisdiction. (and according
to the law, if you are going to question an act or omission of a quasi-judicial agency, the
petition shall be filed in the CA. Certiorari from a judgment of NLRC CA)
c. RTC, exercising jurisdiction over the territorial area as defined by the SC, except if the case
was tried by the MTC under the summary rules of procedure
d. Sandiganbayan, pursuant to RA 8249
e. COMELEC

*take note of the hierarchy of courts ;)

SEC. 5. Respondents and costs in certain cases—When the petition filed 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 or respondents with such
public respondent or respondents, the person or persons interested in sustaining the
proceedings in the court; and it shall be the duty of such private respondents to appear
and defend, both in his or their own behalf and in behalf of the public respondent or
respondents affected by the proceedings, and the costs awarded in such proceedings in
favor of the petitioner shall be against the private respondents only, and not against the
judge, court, quasi-judicial agency, tribunal, corporation, board, officer or person
impleaded as public respondent or respondents.
Unless otherwise specifically directed by the court where the petition is pending, the
public respondents shall not appear in or file an answer or comment to the petition or any
pleading therein. If the case is elevated to a higher court by either party, the public
respondents shall be included therein as nominal parties. However, unless otherwise
specifically directed by the court, they shall not appear or participate in the proceedings
therein. (5a)
Private Respondent- your opponent who is benefited by the questioned order. And the
(example) judge of the court who issued the order should also be included as the public
respondent. However, the judge is merely a formal party. Not supposed to answer the
petition unless the high court will direct him to make his comment
SEC. 6. Order to comment.- If the petition is sufficient in form and substance to justify
such process, the court shall issue an order requiring the respondent or respondents to
comment on the petition within ten (10) days from receipt of a copy thereof. 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. (6a)

SEC. 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 against the public respondent from further proceeding in the case. (7a)
The public respondent shall proceed with the principal case within ten (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 an administrative
charge.
SEC. 8. Proceedings after comment is filed.—After the comment or 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
submission of memoranda or the expiration of the period for the filing thereof the court
finds that the allegations of the petition are true, it shall render judgment for the relief
prayed for or to which the petitioner is entitled.
 The court, however, may 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. (8a)
The Court may impose motu proprio, based on res ipsa loquitor, other disciplinary
sanctions or measures on erring lawyers for patently dilatory and meritorious petitions for
certiorari.
SEC. 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 may issue for any damages or costs awarded in accordance with
section 1 of Rule 39. (9a)

Ordinary Judgment Special Judgment

Judgement which orders defendant to pay money Judgment where a defendant is ordered to perform
or to deliver property, real or personal. an act other than money or to deliver property.

Cannot be enforced by contempt but by execution. Non-compliance is punishable by contempt.

The kind of judgment under Rule 65 is a special judgment. Disobedience can be punished by contempt.
Damages can be awarded in certiorari, prohibition and mandamus.
ADDITIONAL NOTES from RIANO
 Certiorari is a remedy for the correction of errors of jurisdiction, not errors of judgment (remedy for
this is appeal).
 Petitions for certiorari, prohibition and mandamus are not available under the Rule on Summary
Procedure, in a petition for a writ of amparo and in a petition for a writ of habeas data. It is not
also available in small claims cases.
 If the complaint is dismissed with prejudice through a motion to dismiss, the normal remedy of the
plaintiff is to appea because the dismissal is final in character, not to file a petition for certiorari.
 WHEN CERTIORARI IS AVAILABLE DESPITE THE LOSS OF APPEAL
a. Certiorari may still be invoked when appeal is lost without the appellant’s negligence;
b. When public welfare and the advancement of public policy dictates;
c. When the broader interest of justice so requires;
d. When the writs issued are null and void;
e. When the questioned order amount to an oppressive exercise of judicial authority.
 A quasi-judicial act refers to the acts of the 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.
o Must be clothed with power and authority to pass judgment or render a decision on the
controversy construing and applying the laws to that end
 A respondent is said to be exercising judicial functions where he has the power to determine what
the law is and what the legal rihts of the parties are, and then undertakes to determine these
questions and adjudicate upon the rights of the parties.
 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
propeity or impropriety of the act done.
 Mere abuse of discretion is not enough. It must be grave, as when it is exercised arbitrarily or
despotically by reason of passion or personal hostility- so patent and gross as to amount to an
evasion of positive duty or a virtual refusal to perform the duty enjoined by, or to act at all in
contemplation of law.
 o A judge gravely abuses his discretion when he extends by 20days the 72-hour restraining
order he initially issued because in no case shall the total period of effectivity of the TRO
exceed 20days.
 Petition for certiorari shall be accompanied by (a) a certified true copy of the judgment, order or
resolution subject of the petition, (b) copies of all relevant pleadings and documents which are
material and pertinent to the petition, and (c) a sworn certification of non-forum shopping
 Under the material date rule, three material dates must be stated in the petition (a) the date
when the judgment or final order or resolution was received, (b) the date when a motion for new
trial or a motion for reconsideration when one was filed, and (c) the date when notice of the denial
thereof was received.
 COURT WHERE PETITION IS FILED
o If the petition relates to acts or omissions of a lower court or of a corporation, board, or
officer or person, then the petition shall be filed in the RTC exercising jurisdiction over the
territorial area as defined by the SC
o The petition may also be filed in the CA whether or not the same is in aid of its appellate
jurisdiction. If it involves the acts or omissions of a quasi-judicial agency, the petition shall
be filed in and cognizable only by the Court of Appeals, unless otherwise provided by
law or by the Rules of Court.
o The rule used to be that the petition may be filed in the Sandiganbayan WON in aid of its
appellate jurisdiction (A.M. No. 07-7-12-SC)
o In election cases involving an act or omission of a municipal or RTC, the petition shall be
filed exclusively with the COMELEC, in aid of its appellate jurisdiction.

Certiorari in Rule 64 Certiorari in Rule 65

Directed only to the judgments, finals orders or Directed to any tribunal, board or officer exercising
resolutions of the COMELEC and COA judicial or quasi-judicial functions

Filed within 30days from notice of the judgment Filed within 60days from notice of judgment

The filing of a motion for recon or a motion for new The period within which to file the petition if the
trial if allowed, interrupts the period for the filing of motion for recon or new trial is denied, is sixty days
the petition for certiorari. If the motion is denied, the from notice of the denial of the motion.
aggrieved party may file the petition within the
remaining period, but which shall not be less than
5days reckoned from the notice of denial.

 The purpose of prohibition is to prevent an encroachment, excess, usurpation or assumption of

jurisdiction on the part of tribunal, corporation, board or officer. 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 actions.
 A SCA of prohibition is an original and independent action and not merely a continuation or a part
of the trial resulting in the rendition of the judgment or order complained of. It bears stressing that
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.
 For a writ of mandamus to be issued, it is essential that petitioner should have a clear right to the
thing demanded and it must be the imperative duty of the respondent to perform the act required.
 The principal function mandamus is to command, not to inquire, expedite or to adjudicate.
 As a rule, mandamus requires the exhaustion of admin remedies available to the petitioner. Prior
resort to exhaustion of administrative remedies however, is not required where the questions are
purely legal or when the respondent is estopped from invoking the rule of exhaustion of admin
remedies.
 Mandamus cannot be availed of as a remedy to enforce the performance of contractual
obligations. It was not intended to aid a plaintiff in the enforcement of a mere contract right, or to
take place of the other remedies provided by law for the adjudication of disputed claims.

Mandamus Injunction
SCA OCA
Directed against a tribunal, corp board, or officer Directed against a litigant
Purpose is for the tribunal, corp board, or officer For the defendant either to refrain from an act or
to perform a ministerial and legal duty to perform not necessarily a legal or ministerial
duty
To perform a positive legal duty and not to undo To prevent an act to maintain the status quo
what has been done between parties

Mandamus vs. quo warranto

In mandamus, the suit is brought against the person who is responsible for excluding the
petitioner from office. The respondent does not have to usurp, intrude into or hold the office. Quo
warranto is brought against the holder of the office, who is the person claiming the office as against
the petitioner, not necessarily the one who excludes the petitioner.