Definition Certior Certiorari is an extraordinary ‘writ annulling or modifying the proceedings of a tribunal, board or officer exercising judicial or quasi-judicial functions when such tribunal, board or officer has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, there being no appeal or any other plain, speedy and adequate remedy in the ordinary course of law (Sec. 1, Rule 65). [ene Prohibition isan extraordinary writ commanding a tribunal, corporation, board or person, whether exercising judicial, quasi-judicial or ministerial functions, to desist from further proceedings when said proceedings are without or in excess of its jurisdiction, or with abuse of its discretion, there being no appeal or any other plain, speedy and adequate remedy in the ordinary course of law (Sec. 2, Rule 65). Perens Mandamus is an extraordinary writ commanding a tribunal, corporation, board or person, to do an act required to be done: a. When he — unlawfully neglects the performance of an act which the law specifically enjoins as a duty, and there is no other plain, speedy and adequate remedy in the ordinary course of law; or b. When one unlawfully excludes another from the use and enjoyment of a right or office to which the other is entitled (Sec. 3, Rule 65). “Against whom Directed against an entity or person exercising judicial or quasi-judicial function Directed against an entity or person enercsing judicial, quasi-judicial or ministerial function Directed against an entity or person exercising ministerial function. Ground: Entity oF person is alleged to have acted -—_ without jurisdiction; in excess of jurisdiction; or with grave abuse of discretion Entity oF person is alleged to have acted: without jurisdiction; in excess of jurisdiction; or with grave abuse of discretion Entity or person is alleged to have unlawfully neglected a ministerial duty; or excluded another froma right or office. Purpose Purpose is to annul or nullify a proceeding. Purpose is to have respondent desist from further proceeding. Purpose is for respondent to: 1. Dotheact required; and 2. Topay damage. This remedy is corrective ~ to correct usurpation of, jurisdiction (Sec. 1, Rule 65) This remedy is preventive and negative - to restrain or prevent usurpation of jurisdiction (See. 2, Rule 65) This remedy is affirmative or positive (if the performance of a duty is ordered) or it is negative (if a person is ordered. to desist. from excluding another from a right or office) (ec. 3, Rule 65). ‘Scope Extends to discretionary acts, Extends to discretionary and ministerial acts Only for ministerial actsCree ‘At the commencement of the action or at any In What Prini ‘L._ Recovery of liquidated sum of money 2. Recovery of possession _of _propert (Rute 57) Time before entry of jadgment ‘unjustly oF fraudulently taken, detained or converted Preliminary Injunction | At any stage of the action prior to the | Action for injunction, whether or not coupled (Rute 58) judgment or final order with othe prayers Recelvership ‘At any stage of the proceedings and evenafter | 1. Recelvership action (Rule 59) judgment has become final and executory as | 2. Real action involving title to or possession ‘means of enforcing judgment of realty 3. Foreclosure of mortgage 4, Dissolution of corporation Replevin ‘At the commencement of the action or atany | 1. Recovery of possession of personal (Rule 60) time before answer property 2. Recovery of personal property subject of chattel mortgage as a preliminary step to extrajudicial Foreclosure ‘Support PendenteLite | At the commencement of the prior action or | 1. Support, whether as the main case or as (Rule 61) proceeding or at any time prior to judgment or | __ one of several causes of action final order 2. Criminal actions where the civil liability includes support of the offspring as a consequence of the crime, ie rape, seduction