CIVIL PROCEDURE 3

RULE 65 –
CERTIORARI, PROHIBITION AND MANDAMUS
 REMEDY IS APPLICABLE

When any tribunal, board or officer exercising judicial

or quasi-judicial functions has acted:
W- Without jurisdiction
E – in Excess of jurisdiction
G- with Grave abuse of discretion
L- amounting to Lack of jurisdiction, or
E- Excess of jurisdiction,
 REMEDY IS APPLICABLE

AND THERE IS NO :
-Appeal,
-Any plain,
-Speedy, and
-Adequate remedy in the ordinary course of law,
 REMEDY IS APPLICABLE

A person aggrieved thereby may file a VERIFIED PETITION in the proper court,
• alleging the facts with certainty
• praying that judgment be rendered annulling or modifying the proceedings of such tribunal, board or officer, and
• granting such incidental reliefs as law and justice may require.

NOTE:The petition shall be accompanied by a certified true copy of the judgment, order or resolution subject
thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non-
forum shopping as provided in the third paragraph of section 3, Rule 46.
 CERTIORARI

• The prayer in the petition for certiorari is the ANNULMENT or

MODIFICATION
• of the proceedings of such tribunal etc… And granting such incidental reliefs
as jaw and justice may require.
 PROHIBITION

• The prayer is to direct, order or command the public respondent (judge,

hearing officer etc. ) to DESIST from further proceedings in the action or
matter in question.
 MANDAMUS

• GROUND: THE TRIBUNAL, CORPORATION, BOARD, OFFICER OR

PERSON UNLAWFULLY NEGLECTS THE PERFORMANCE OF AN ACT
WHICH HE IS REQUIRED TO DO AS A DUTY, OR UNLAWFULLY
EXCLUDES ANOTHER FROM THE ENJOYMENT OF A RIGHT OR OFFICE.
• PRAYER: COMMAND THE RESPONDENT TO DO THE ACT REQUIRED TO
BE DONE TO PAY THE RIGHTS OF THE PETITIONER AND TO PAY
DAMAGES SUSTAINED BY THE PETITIONER DUE TO THE WRONGFUL
ACT OR OMMISSION.
 WHEN TO FILE

• 60 days from notice of judgment, order or resolution assailed.

Note : If motion for reconsideration or new trial was filed, the 60 day period
starts from the RECEIPT OF THE DENIAL of the Motion for New Trial or
Motion for Reconsideration.
 EXTENSION

• NO extension to file the petition except for compelling reason and only for
fifteen (15) days.
• EXTENSION is inextendible, except for exceptional circumstances on the
ground of justice and equity. ( whew! When will exceptions end!)
 WHERE TO FILE

• 1. If petition relates to acts or omissions MTC/corporation/board/an officer/person, filed

with RTC that has territorial jurisdiction over the MTC corporation etc.
• 2. With the CA if it relates to the acts or omissions of the RTC, or Quasi-Judicial Agency
(example: NLRC)
• 3. SANDIGANBAYAN if it is in the aid of its appellate jurisdiction, that is, if the case is
appealable to said Court;
• 4. COMELEC in ELECTION CASES from the MTC, METC, MTCC, RTC
• 5. OTHERWISE, to the SUPREME COURT (example – Interlocutory orders of the CA)
 FUNCTION

• To keep the lower courts from committing such grave abuse of discretion
amounting to lack or excess of jurisdiction
• Thus, the grant of petition for certiorari does NOT interrupt the course of the
principal case, unless coupled with a TRO or writ of preliminary injunction.
• Without a TRO, respondent judge or hearing officer may proceed within ten
(10) days from filing of petition for certiorari
 PENALTY FOR FILING BASELESS PETITION

• Court may dismiss petition if it finds the same to be patently without merit or
prosecuted manifestly for delay or questions raised are too unsubstantial.
• It my impose motu propio, disciplinary sanctions/measures on erring lawyers for
patently dilatory/umeritorious petitions for certiorari.
• Hence, the grave abuse of discretion is performed with a capricious or whimsical
exercise of judgment equivalent to lack of jurisdiction or,
• Abuse must be patent and gross as to amount to an evasion of positive duty/ power is
exercised in an arbitrary and despotic manner by resaon of passion or hostility.
 CERTIORARI

• Certiorari is not a substitute to a lost appeal

• Motion for reconsideration a condition precedent before certiorari may be granted
• EXCEPTIONS:
• when the court pronounced its decision final and excecutory
• other special circumstances warrant immediate and direct action
• when the court being questioned has no jurisdiction
• when questions raised in certiorari has been duly raised and passed upon by lower court
• when there is an urgent necessity for the resolution of the question and any further delay would preudice
interest of government/petitioner/subject matter is perishable