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CERTIORARI PROHIBITION MANDAMUS

Against whom Tribunal, board, officer exercising judicial or Tribunal, corporation, board, officer or Tribunal, corporation, board, officer, or
quasi-judicial function person exercising judicial, quasi-judicial or persons
ministerial functions

Without or in excess of its jurisdiction Without or in excess of its jurisdiction unlawfully neglects the performance of an
amounting to lack or excess of jurisdiction amounting to lack or excess of jurisdiction 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 the other is entitled

No other plain, adequate or speedy remedy No other plain, adequate or speedy remedy No other plain, adequate or speedy remedy
in the ordinary course of law in the ordinary course of law in the ordinary course of law

Verified petition filed in the proper court Verified petition filed in the proper court Verified petition filed in the proper court

prayer Praying that judgment be rendered annulling Praying that judgement be rendered Praying that judgement be rendered
or modifying the proceedings of such TBO, commanding the respondent to desist from commanding the respondent, immediately or
and granting such incidental reliefs as law further proceeding in the action or matter at some other time to be specified by the
and justice may require specified therein, otherwise granting such court, to do an act required to be done to
incidental reliefs as law and justice may protect the rights of the petitioner. And pay
require damages sustained by the petitioner.

When to file File within 60 days from notice of judgement, order or resolution. In case of a motion for reconsideration or new trial is timely filed, the
petition must be filed not later than 60 days counted from the receipt of notice of the denial of the motion.

Where to file Supreme court


RTC having jurisdiction over the territorial are: MTC, corporation, a board, an officer or person
Court of appeals: includes quasi-judicial agencies
Sandiganbayan
COMELEC: in election cases involving act or omission of municipal or regional trial court

If found sufficient in form and substance: court shall issue an order requiring the respondent to comment on the petition within 10 days from
receipt of the copy thereof. Copy thereof must be served to the respondents
Court may issue an order expediting the proceeding, and it may also grant a TRO or a writ of preliminary injunction for the preservation of the
rights of the parties

The petition shall not interrupt the course of the principal case, unless a TRO or a writ of injunction has been issued, enjoining the public
respondent from further proceeding

Denial Insufficiency in form and substance


Patently without merit
Filed manifestly for delay
Too unsubstantial

Court may issue, motu proprio, based on res ipsa loquitur, other disciplinary sanctions or measures on erring lawyers.

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