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The Philippines As The Highest Judicial Body
The Philippines As The Highest Judicial Body
The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the
election, returns, and qualifications of the President or Vice-President, and may
promulgate its rules for the purpose.
(2) The Congress shall prescribe the qualifications of judges of lower courts, but no
person may be appointed judge thereof unless he is a citizen of the Philippines and a
member of the Philippine Bar.
50. What is certiorari, mandamus, quo warranto, prohibition, and habeas corpus?
CERTIORARI
A remedy used by a superior court to quash an order or decision of a lower court or
administrative body made without jurisdiction.
Certiorari means to be certified. The writ of certiorari can be issued by the Supreme
Court or any High Court for quashing the order already passed by an Lower Court.
HABEAS CORPUS
A remedy available to any person detained or imprisoned, not to hear and determine the
case upon the evidence, but to immediately and in a summary way test the validity of the
person's detention or imprisonment.
“Habeas Corpus" is a Latin term which roughly means "you may have the body." This
writ is issued to produce a person who has been detained, whether in prison or in private
custody, before a court.
MANDAMUS
A remedy to compel the performance of a public duty.
Mandamus is a Latin word, which means "We Command". Mandamus is an order from
the Supreme Court or High Court to a lower court or tribunal or public authority to
perform a public or statutory duty.
PROHIBITION
A remedy used by a superior court to prohibit a lower court or tribunal from exercising or
continuing to exercise an authority it does not have.
The Writ of prohibition means to forbid or to stop and it is popularly known as 'Stay
Order'. This writ is issued when a lower court or a body tries to transgress the limits or
powers vested in it. The writ of prohibition is issued by any High Court or the Supreme
Court to any Lower Court.
QUO WARRANTO
A remedy used to challenge a person's entitlement to a public office that he or she
purports to occupy and exercise.
The word Quo-Warranto means "what is your authority"? It is a writ issued with a
view to restrain a person from holding a public office to which he is not entitled.