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CERTIORARI, PROHIBITION,

MANDAMUS
(Rule 65)
WHAT IS CERTIORARI
Special Civil Action against a tribunal board or officer exercising judicial or
quasi-judicial function which is alleged in a verified petition filed by an
aggrieved party to have acted without jurisdiction or in excess of its
jurisdiction or with grave abuse of discretion amounting to lack or excess of
jurisdiction.

Pre-condition: There is no appeal, or any plain speedy and adequate remedy


in the ordinary course of law.

Objective: Praying for the judgment annulling or modifying the proceedings


of such, tribunal board officer, tribunal and granting such incidental reliefs as
law and justice may require
WHAT CONSTITUTES (1)WITHOUT JURISDICTION,
(2) EXCESS OF JURISDICTION, and (3) GRAVE
ABUSE OF DISCRETION
1) Without Jurisdiction- when the respondent does not have the legal
power to determine the case;
2) Excess of Jurisdiction- where the respondent, being clothed with
the power to determine the case, oversteps his authority as
determined by law
3) Grave Abuse of Discretion- where the respondent acts in a
capricious, whimsical, arbitrary, despotic manner in the exercise of
his judgment as to be said to be equivalent to lack of jurisdiction
Certiorari may prosper notwithstanding the
presence of an appeal when..

(a) public welfare and the advancement of public policy dictate it


(b) when the broader interest of justice requires it
(c) when the writs issued are null,
(d) The questioned order amounts to an oppressive exercise of judicial
authority
RULE 45 vs RULE 65
MOTION FOR RECONSIDERATION A PRE-
REQUISITE
GR: A motion for reconsideration is an essential precondition for the filing of a
petition for certiorari.
EXPN:
• where the order is a patent nullity, as where the court a quo has no jurisdiction;
• where the questions raised in the certiorari proceeding have been duly raised and passed
upon by the lower court, or are the same as those raised and passed upon in the lower court;
• 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 or the subject matter of
the action is perishable;
• where, under the circumstances, a motion for reconsideration would be useless;
• where petitioner was deprived of due process and there is extreme urgency for relief;
• where, in a criminal case, relief from an order of arrest is urgent and the granting of such
relief by the trial court is improbable;
• where the proceedings in the lower court are a nullity for lack of due process; and
• where the issue raised is one purely of law or public interest is involved
WHAT IS PROHIBITION
Special civil action against a tribunal, corporation, board, or person
exercising judicial, quasi-judicial or ministerial function which is alleged by an
aggrieved party to be acting or about to act without jurisdiction, in excess of
its jurisdiction or with grave abuse of discretion amounting to lack or excess
of jurisdiction.

Pre-condition: There is no appeal, or any plain speedy and adequate remedy


in the ordinary course of law.

Objective: Praying that judgment be rendered commanding the respondent


to desist from further proceeding in the action or proceeding therein or
otherwise granting such incidental reliefs as law and justice may require.
CERTIORARI vs. PROHIBITION
WHAT IS MANDAMUS
Special civil action against a tribunal, corporation, board, or officer
alleged in a verified petition filed by an aggrieved party to have:

1) Unlawfully neglected the performance of an act which the law


specifically enjoins as a duty resulting from an office, trust or
station, or
2) Unlawfully excluded another from the use and enjoyment of a right
or office to which such other is entitled.
WHAT IS MANDAMUS
Pre-condition: There is no appeal, or any plain speedy and adequate
remedy in the ordinary course of law.

Objective: Praying that judgment be rendered commanding the


respondent, immediately or at some other time specified by the Court
to do the act required to be done to protect the rights of the petitioner,
pay damages sustained by reason of the wrongful acts.
WHEN TO FILE?
• Not later than 60 days from notice of the assailed judgment, order or
resolution.
• If a timely MR is filed- the 60 days period shall be counted from
notice of the denial of the motion.
• An extension may be granted for compelling reasons but in no case to
exceed 15 days.
WHERE TO FILE?
• RTC exercising appropriate territorial jurisdiction - 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
• CA- whether or not in aid of its appellate jurisdiction, when it involves
acts / omissions of quasi-judicial body, unless otherwise provided.
• Sandiganbayan- whether or not in aid of its appellate jurisdiction
• SC
WHO MUST BE JOINED AS RESPONDENTS?
• Judge, court, quasi-judicial agency, tribunal, corporation, board,
officer or person who rendered the judgement (Public Respondent)
• Person/s interested in sustaining the proceeding in the court (Private
Respondent/s)
WHAT IS THE DUTY OF THE COURT AFTER THE
FILING OF THE PETITION?
• If petition is sufficient in form or substance, a comment will be
required, not a motion to dismiss. (Sec. 6)
• Orders expediting proceedings or temporary restraining order or
injunctions for the preservation of the rights of the parties may be
issued but the filing of the petition shall not interrupt the course of
the principal case unless a Temporary Restraining Order or Injunction
is granted enjoining the public respondent from further proceeding.
(Sec. 7)
WHAT ARE THE COURT’S ACTION AFTER
FILING OF COMMENT TO THE PETITION?
1. Court may (a) hear or require (b)filing of memoranda. If it finds the
allegations to be true, it shall render judgment for the relief prayed
for or to which petitioner is entitled.
2. It may also dismiss if (a) patently without merit, (b) prosecuted
manifestly for delay or (c) issues are too unsubstantial to require
consideration.
HOW WILL THE JUDGMENT OR ORDER BE
ENFORCED?
A certified copy of the judgment shall be served upon the court, quasi-
judicial agency, tribunal, corporation, board, officer, or person
concerned. Failure to comply shall be punished as contempt. An
execution may issue for any damages or costs awarded in accordance
with Sec. 1 of Rule 39.