SCA Rule 65

Question 1

JURISDICTION OVER CERTIORARI, PROHIBITION AND MANDAMUS UNDER RULE 65

Answer 1

1. Supreme Court (Section 5, Art. VIII of the 1987 Constitution; Section 1, Rule
   56-A);
2. Court of Appeals (Section 9, B.P. Blg. 129);
3. Sandiganbayan (P.D. No. 1606, as amended by R.A. No. 7975, R.A. No. 8249,
   and R.A. No. 10660);
4. Regional Trial Court (Sec. 21, B.P. Blg. 129); and
5. Shari’ah District Court (Art. 413 of P.D. No. 1083, otherwise known as The
   Code of Muslim Personal Laws of the Philippines)

Question 2

What is the Writ of Certiorari?

Answer 2

The writ of certiorari is an extraordinary remedy that the Court issues only
under closely defined grounds and procedures that litigants and their lawyers must scrupulously observe. They cannot seek refuge under the umbrella of this remedy on the basis of an undemonstrated claim that they raise issues of transcendental importance, while at the same time flouting the basic ground rules for the remedy’s grant.

Question 3

What is a Petition for Certiorari?

Answer 3

A petition for certiorari under Rule 65 of the Rules of Court is a pleading limited
to correction errors of jurisdiction or grave abuse of discretion amounting to lack or excess of jurisdiction. Requirements are alleged in and established by the petition.

Question 4

What is the Nature of a Certiorari Proceeding?

Answer 4

A certiorari proceeding is limited in scope and narrow in character. The special civil action of certiorari lies only to correct acts rendered without jurisdiction, in excess of jurisdiction, or with grave abuse of discretion. Certiorari will issue only to correct errors of
jurisdiction, not errors of procedure or mistakes in the findings or conclusions of the lower court. As long as the court acts within its jurisdiction, any alleged errors committed in the exercise of its discretion will amount to nothing more than mere errors of judgment, correctible by an appeal or a petition for review under Rule 43 of the Rules of Court, and not a petition for certiorari.

Question 5

ToF. An application for certiorari is an independent action which is not part or a continuation of the trial which resulted in the rendition of the judgment complained of.

Answer 5

True

Question 6

CONDITIONS IN ORDER THAT CERTIORARI MAY LIE

Answer 6

(1) the respondent tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction; and
(2) there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law.

Question 7

WHO CAN FILE FOR CERTIORARI?

Answer 7

The person who can file a petition for certiorari must be a party at the trial
court.

Question 8

RULE 65 VS. RULE 45

Answer 8

A Rule 65 petition is an original action, independent of the action from which the assailed ruling arose. A Rule 45 petition, on the other hand, is a mode of appeal. As such, it is a continuation of the case subject of the appeal. As it is a mere continuation, a Rule 45 petition
(apart from being limited to questions of law) cannot go beyond the issues that were subject of the original action giving rise to it. Rule 45 petitions engendered by prior Rule 65 petitions for certiorari
and/or prohibition are, therefore, bound by the same basic issue at the crux of the prior Rule 65 petition, that is, ‘issues of jurisdiction or grave abuse of discretion.’ When Rule 45 petitions are brought before the Supreme Court, they remain tethered to the ‘sole office’ of the original action to which they owe their existence: ‘the correction of errors of jurisdiction including the commission of grave abuse of discretion amounting to lack or excess of jurisdiction.

Question 9

ToF. The requirement of a cash or surety bond does not apply to special civil actions such as a petition for certiorari under Rule 65 of the Rules of Court.

Answer 9

True

Question 10

What is Judicial Power?

Answer 10

It includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.

Question 11

What is Quasi-Judicial Power?

Answer 11

It is the power of a quasi-judicial/ administrative bodies to hear and decide cases falling within its jurisdiction.

Question 12

WHEN IS A TRIBUNAL, BOARD OR OFFICER CONSIDERED TO BE EXERCISING JUDICIAL OR QUASI-JUDICIAL FUNCTIONS?

Answer 12

1. A respondent is said to be exercising judicial function where he has the power
   to determine what the law is and what the legal rights of the parties are, and
   then undertakes to determine these questions and adjudicate upon the rights of the parties.
2. Quasi-judicial function is a term which applies to the action, discretion, etc., of
   public administrative officers or bodies required to investigate facts, or ascertain
   the existence of facts, hold hearings, and draw conclusions from them, as a
   basis for their official action and to exercise discretion of a judicial nature.

Question 13

ToF. A special civil action under
Rule 65 cannot cure a party’s failure to timely appeal the assailed decision or resolution.

Answer 13

True

Question 14

EXCEPTIONS TO THE RULE THAT CERTIORARI IS NOT A SUBSTITUTE FOR A LOST APPEAL

Answer 14

SC: The requirement that there must be no appeal, or any plain, speedy and
adequate remedy in the ordinary course of law admits of exceptions, such as:
a. When it is necessary to prevent irreparable damages and injury to a party;
b. When the trial judge capriciously and whimsically exercised his judgment;
c. Where there may be danger of a failure of justice;
d. Where an appeal would be slow, inadequate, and insufficient;
e. Where the issue raised is one purely of law;
f. Where public interest is involved; and
g. In case of urgency.

Question 15

ToF. Where the error is not one of jurisdiction, but an error of law or fact - a mistake of judgment – petition for certiorari is the remedy.

Answer 15

False

Question 16

DISTINCTION BETWEEN WITHOUT, EXCESS, AND GRAVE ABUSE OF DISCRETION

Answer 16

1. “Without jurisdiction” – means that the court acted with absolute lack of authority
   (Alafriz vs. Noble, 72 Phil. 278)
2. There is “excess of jurisdiction” when the court transcends its power or acts without any statutory authority.
3. “Grave abuse of discretion” implies such capricious and whimsical exercise of judgment as to be equivalent to lack or excess of jurisdiction; in other words, power is exercised in an arbitrary or despotic manner by reason of passion, prejudice, or personal hostility; and such exercise is so patent or so gross as to amount to an evasion of a positive duty or to a virtual refusal either to perform the duty enjoined or to act at all in contemplation of law. (Pure Foods Corp. vs. NLRC, 171 SCRA 415)

Question 17

what is prohibition?

Answer 17

is a special civil action against a tribunal, corporation, officer, or person exercising judicial, quasi-judicial, or ministerial function which is alleged in a verified petition filed by an aggrieved party to be acting or about to act without jurisdiction or in excess of its jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy and adequate remedy in the ordinary course of law, praying that judgment be rendered commanding the respondent to desist from further proceeding in the action or matter specified therein, or otherwise granting such incidental reliefs as law and justice may require.

Question 18

Function of Prohibition

Answer 18

To prevent the unlawful and oppressive exercise of legal authority and to provide for a fair and orderly administration of justice

Question 19

REQUISITES FOR A PETITION FOR PROHIBITION

Answer 19

For a party to be entitled to a writ of prohibition, he must establish the following requisites:
1. It must be directed against a tribunal, corporation, board or person exercising functions, judicial or ministerial;
2. The tribunal, corporation, board or person has acted without or in excess of its jurisdiction, or with grave abuse of discretion; and
3. There is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law.

Question 20

MATTERS TO BE ALLEGED IN A PETITION FOR

PROHIBITION

Answer 20

A person aggrieved may filed a petition in the proper court, alleging the following:

1. The facts with certainty;
2. Praying that judgment be rendered commanding the respondent to desist from further proceedings in the action or matter specified therein; or
3. Otherwise granting such incidental reliefs as law and justice may require;
4. The petition shall likewise 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
5. A sworn certification of non-forum shopping as provided in the third paragraph of Section 3, Rule 46.

Question 21

ToF. The filing of a motion for reconsideration is required before resorting to certiorari, prohibition or mandamus when only pure questions of law are raised and questioned order is a patent nullity.

Answer 21

False. (these are the exceptions, they are not required in these cases)

Question 22

Distinguish Prohibition from Preliminary Prohibitory Injunction.

Answer 22

1. Prohibition is directed against tribunal, corporation, board, officer or person, whether exercising judicial or
   ministerial functions while injunction is generally directed against a party in the action.
2. Prohibition may be on the ground that the court against whom the writ is sought acted without or in excess of
   jurisdiction while injunction does not involve the jurisdiction of the court
3. Prohibition Is always a main action. Hence, for a temporary restraint in a proceeding for prohibition, preliminary injunction must be sought therein while injunction may be the main action itself, or just a provisional remedy in the main action.

Question 23

What is mandamus?

Answer 23

is a command issuing from a court of law of competent jurisdiction, in the name of the state or sovereign, directed to an inferior court, tribunal, or board, or to some corporation or person, requiring the performance of a particular duty therein specified, which duty results from the official station of the party to whom the writ is directed, or from operation of law. It is employed to compel the performance, when refused, of a ministerial duty, which, as opposed to a discretionary one, is that which an officer or tribunal performs in a given state of facts, in a prescribed
manner, in obedience to the mandate of legal authority, without regard to or the exercise of his or its own judgment upon the propriety or impropriety of the act done.

Question 24

ToF. The petition for mandamus compel the performance of duties that are both purely ministerial in nature and those that are discretionary.

Answer 24

False (only purely ministerial)

Question 25

WHEN PETITION FOR MANDAMUS AVAILABLE

Answer 25

The remedy is available when any tribunal, corporation, board, officer or person:

1. Unlawfully neglects the performance of an act which the law specifically enjoins
   as a duty resulting from an office, trust, or station; or
2. Unlawfully excludes another from the use and enjoyment of a right or office
   which such other is entitled; and
3. There is no other plain, speedy and adequate remedy in the ordinary course of
   law.

Question 26

ToF. A writ of mandamus lies to compel the judge to issue a writ of execution when the judgment had already become final and executory and the prevailing party is
entitled to the same as a matter of right.

Answer 26

True

Question 27

ToF. The writ of mandamus will not issue to compel an official to do anything which is not his duty to do or which it is his duty not to do, or to give the applicant anything to which he is not entitled by law.

Answer 27

True

Question 28

ToF. Mandamus can also be used to enforce contractual obligations.

Answer 28

False. Generally, mandamus will not lie to enforce purely private contract rights, and will not lie against an
individual unless some obligation in the nature of a public or quasi-public duty is imposed.

Question 29

ToF. Mandamus will not lie in case of premature acts.

Answer 29

True

Question 30

ToF. Mandamus is a proper remedy to compel the issuance of a writ of possession.

Answer 30

True. The purpose of mandamus is to compel the performance of a ministerial duty. A ministerial act is
“one which an officer or tribunal performs in a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, without regard to or exercise of his own judgment upon the propriety or impropriety of the act done.

Question 31

Distinguish certiorari, prohibition and mandamus.

Answer 31

1.Certiorari Is intended to correct an act
performed by the respondents, Prohibition Is intended to prevent the commission or carrying out of an act, Mandamus Is intended to compel the
performance of an act desired.
2.Certiorari Extends only to discretionary acts, Prohibition Extends to both discretionary and ministerial acts, Mandamus Extends to ministerial acts only.
3. Certiorari Extends Shall lie only against a respondent
exercising judicial or quasi-judicial functions, Prohibition and mandamus Shall lie against respondents who
exercise judicial and/or non-judicial
functions.