POBLACIÓN Y MUESTRA

A: A writ issued by a superior court to an inferior court, board or officer exercising judicial or quasi- judicial functions whereby the record of a particular case is ordered to be elevated for review and correction in matters of law.

Note: An original action for certiorari, prohibition, and

mandamus is an independent action. As such, it does not interrupt the course of the principal.

Note: A petition for certiorari must be based on

jurisdictional grounds because as long as the respondent acted with jurisdiction, any error committed by him or it in the exercise thereof will amount to nothing more than an error of judgment which may be reviewed or corrected by appeal

(Microsoft Corp. vs. Best Deal Computer Center Corp., GR 148029, Sept. 24, 2002; Estrera vs. CA, GR 154235, Aug. 16, 2006).

Q: Define the following. A:

1. Judicial function – is where the tribunal or person has the power to determine what

the law is, what the rights of the parties are, and undertakes to determine these questions and adjudicate upon the rights of the parties.

2. Without jurisdiction – is where the respondent does not have the legal power to determine the case.

3. Excess of jurisdiction – is where the respondent, being clothed with the power to determine the case, oversteps his authority as determined by law.

4. Grave abuse of discretion – is where the respondent acts in a capricious, whimsical, arbitrary or despotic manner in the exercise of his judgment as to be said to be equivalent to lack of jurisdiction. The abuse of discretion must be so patent and gross as to amount to an evasion of positive duty or to a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as where the power is exercised in an arbitrary and despotic manner by reason of passion or personal hostility.

5. Plain, speedy and adequate remedy – is one which promptly relieves the petitioner from the injurious effects of the judgment and the acts of the lower court or agency.

Q: Which court has jurisdiction over petitions for

certiorari?

A: The courts have concurrent jurisdiction, however, petitions are subject to the rule on hierarchy of courts.

Q: Does the filing of a petition for certiorari interrupt the running of the reglamentary period? A: No. The rule is the same for prohibition and

mandamus since the remedies under Rule 65 are independent actions.

Q: Distinguish certiorari under Rule 65 and

certiorari under Rule 45.

A:

Rule 65 Rule 45

Findings of fact of Court of Appeals are not conclusive or binding upon SC GR: Findings of fact of CA are conclusive Involves question of jurisdiction

Involves question of law Mode of appeal Mode of review Directed against an

interlocutory order of a court or where there is no appeal or any other plain, speedy or adequate remedy

Involves the review of the judgment final orders or resolutions of the CA, Sandiganbayan, CTA, RTC or other courts

Filed not later than 60 days from notice of judgment, order or resolution appealed from

Filed within 15 days from notice of judgment, final order or resolution appealed from

Unless a writ of preliminary injunction or temporary restraining order is issued, it does not stay the challenged proceeding

Stays the judgment or order appealed from

The judge, court, quasi- judicial agency, tribunal, corporation, board, officer or person shall be public respondents who are impleaded in the action

The appellant and the appellee are the original parties to the action, and the lower court or quasi- judicial agency is not impleaded

Motion for

reconsideration or for new trial is required. If a motion for reconsideration or new trial is filed, another 60 days shall be given to the petitioner (A.M. No. 02-

03-SC)

Motion for

reconsideration is not required

Court exercises original jurisdiction

The court is in the exercise of its appellate jurisdiction and power of review.

Filed with the RTC, CA, Sandiganbayan or COMELEC

Filed with the SC

Q: Will the filing of a petition for certiorari interrupt the course of the principal case? Or is an injunctive relief necessary?

A: The filing of a petition for certiorari against the lower court or tribunal or any other public respondent does not interrupt the course of the

principal case. It is necessary therefore, to avail of either a temporary restraining order or a writ of preliminary injunction to be issued by a higher court against the public respondent so the latter may, during the pendency of the petition, be enjoined from further proceeding with the case (sec 7, Rule 65).

Q: Are the remedies of appeal and certiorari exclusive?

A:

GR: Where the proper remedy is appeal, the action for certiorari will not be entertained. Certiorari is not a remedy for errors of judgment. Errors of judgment are correctible by appeal; errors of jurisdiction are reviewable by certiorari.

XPN: A petition for certiorari may be allowed despite the availability of the remedy of appeal when:

1. Appeal does not constitute a speedy and adequate remedy;

2. Orders were issued either in excess of or without jurisdiction;

3. For certain special considerations as for public policy or public welfare;

4. Order is a patent nullity;

5. Decision in the certiorari case will avoid future litigation; or

6. In criminal actions, the court rejects rebuttal evidence for the prosecution as, in case of acquittal, there could be no remedy (Regalado, Remedial Law Compendium, Vol. I, p. 783, 2007 ed.). Note: When the remedy by appeal had already been

lost due to petitioner’s own neglect or error in the choice of remedies, certiorari cannot lie. The two remedies are mutually exclusive (Meralco v. CA, G.R.

No. 88396, July 4, 1990).

PROHIBITION

Q: What is prohibition?

A: A remedy to prevent inferior courts, corporations, boards or persons from usurping or exercising a jurisdiction or power which they have not been vested by law.

Note: It is commenced by a verified petition

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 (Sec. 2, Rule 65).

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ACADEMICS CHAIR:LESTER JAY ALAN E.FLORES II

VICE CHAIRS FOR ACADEMICS: K J G.S &J H C.M

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S

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Q: Distinction between Prohibition and injunction A:

INJUNCTION PROHIBITION

Directed only to the party litigants, without

in any manner

interfering with the court.

Directed to court itself, commanding it to cease from the exercise of a jurisdiction to which it has no legal claim.

Q: What is the function of writ of prohibition? A: It is a preventive remedy. Its function is to restrain the doing of some act about to be done. It is not intended to provide a remedy for acts already accomplished. If the thing be already done, the writ of prohibition cannot undo it (Agustin v. De la Fuente, G.R. No. L-2345, Aug. 31, 1949).

MANDAMUS

Q: What is mandamus?

A: A writ issued in the name of the State, to an inferior tribunal, corporation, board or person, commanding the performance of an act which the law enjoins as a duty resulting from an office, trust or station.

Note: It is commenced by the filing of a verified

petition accompanied by 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 (Sec. 3, Rule 65).

Q: Distinguish mandamus from quo warranto. A:

Mandamus Quo Warranto

Available when one is unlawfully excluded from the use or enjoyment of an office against a person who is responsible for excluding the petitioner

Available against the holder of an office, who is the person claiming the office as against

petitioner, not

necessarily the one who excludes the petitioner

Q: Distinguish mandamus from injunction. A:

Mandamus injunction

Special civil action Ordinary civil action Directed against a

tribunal, corporation board, or officer

Directed against a litigant

Purpose is for tribunal, corporation, board or officer to perform ministerial and legal duty

For the defendant either to refrain from an act or

to perform not

necessarily a legal and

ministerial duty To perform a positive

legal duty and not to undo what has been done

To prevent an act to maintain the status quo between the parties b. REQUISITES

CERTIORARI PROHIBITION MANDAMUS