Remedy Rule 65 (Certiorari) Writ of Kalikasan Writ of Continuing

Mandamus

Available against an Available against an unlawful

Directed against (a) the
Subject act with grave abuse act or omission of a public unlawful neglect in the
Matter of discretion official or employee, or or perfomance of an act which
amounting to lack or private individual or entity,
the law spefically enjoins as a
excess of jurisdiction involving damage of such duty resulting from an office,
magnitude as to prejudice the
trust or station in connection
life, health or property of with the enforcement or
inhabitants in two or more violation of an environmental
cities or provinces. law rule or regulation or a
right therein; or (b) the
unlawful exclusion of another
from the use or enjoyment of
such right and in both
instances, there is no other
plain, speedy and adequate
remedy in the ordinary course
of law
Available only to one Available to a broad range of Available to only one who is
Who may who is personally persons such as natural or personally aggrieved
file aggrieved juridical person, entity
authorized by law, people’s
organization, non-
governmental organization,
or any publoc interest group
accredited or registered with
any government agency, on
behalf of persons whose right
to a balanced and healthful
ecology is violated or
threatened to be violated
Only the government May be a private individual or Only the government or its
Respondent or its officers entity officers

Exemption Not exempted Exempted Exempted

from docket
fees
Remedy Rule 65 (Certiorari) Writ of Kalikasan Writ of Continuing
Mandamus

a. The RTC Can only be filed with the a. Regional Trial Court
Venue exercising Supreme Court of any of the exercising jursdiction
jurisdiction stations of the Court of over the territory
over the Appeals in Manila, Cebu, or where the actionable
territory Cagayan de Oro City neglect or omission
where the act occurred
was b. The Court of Appeals
committed or the Supreme Court
b. The Court of
Appeals or
the Supreme
Court
None A. Ocular inspection None
Discovery order
Measures B. Production order

Allows payment Does not allow payment Allows payment

Damages for consistent with the public
personal interest character of the
injury petitionn