Certiorari Rule 45 vs.

Rule 65
Significant Provisions of the
Rules:

Sections 4 and 5, Rule 65

Section 2, Rule 45

ANSWER:
The petition for certiorari as a mode of appeal is governed by
Rule 45 and is filed from a judgment or final order of the
Regional Trial Court, the Sandiganbayan or the Court of Appeals,
within fifteen (15) days from notice of the judgment appealed
from or of the denial of the motion for new trial or
reconsideration filed in due time on questions of law only (Secs.
1 and 2);
A special civil action for certiorari is governed by Rule 65 and is
filed to annul or modify judgments, orders or resolutions
rendered or issued without or in excess of jurisdiction or with
grave abuse of discretion tantamount to lack or excess of
jurisdiction, when there is no appeal nor any plain, speedy and
adequate remedy in the ordinary course of law, to be filed
within sixty (60) days from notice of the judgment, order or
resolution subject of the petition. (Secs. 1 and 4.)

ADDITIONAL ANSWER:
In appeal by certiorari under Rule 45, the
petitioner and respondent are the original parties
to the action and the lower court is not
impleaded. In certiorari, under Rule 65, the lower
court is impleaded

In appeal by certiorari, the filing of a motion for

reconsideration is not required, while in the
special civil action of certiorari; such a motion is
generally required.