Rule 65 Cpm.docx

ounting to lack or excess of jurisdiction, and there is no appeal or any other plain, speedy,

RULE 65

and adequate remedy in the ordinary course of law, a person aggrieved thereby may file

Certiorari, Prohibition and Mandamus

a verified petition in the proper court, allegin g the facts with certainty and praying that ju dgment be rendered commanding the respon

Petition for certiorari. — Wh

dent to desist from further proceedings in th

en any tribunal, board or officer exercising ju

e action or matter specified therein, or other

dicial or quasi-judicial functions has acted wit

wise granting such incidental reliefs as law an

hout or in excess its or his jurisdiction, or wit

d justice may require.

Section 1.

h grave abuse of discretion amounting to lac k or excess of jurisdiction, and there is no ap peal, or any plain, speedy, and adequate rem edy in the ordinary course of law, a person a ggrieved thereby may file a verified petition i n the proper court, alleging the facts with cer tainty and praying that judgment be rendered

The petition shall likewise be accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all ple adings and documents relevant and pertinent thereto, and a sworn certification of non-foru m shopping as provided in the third paragra ph of section 3, Rule 46. (2a)

annulling or modifying the proceedings of su ch tribunal, board or officer, and granting suc h incidental reliefs as law and justice may req

Section 3.

Petition for mandamus. —

When any tribunal, corporation, board, officer or person unlawfully neglects the performance

uire.

of an act which the law specifically enjoins a The petition shall be accompanied by a certifi ed true copy of the judgment, order or resol ution subject thereof, copies of all pleadings and documents relevant and pertinent thereto , and a sworn certification of non-forum shop ping as provided in the third paragraph of se ction 3, Rule 46. (1a) Section 2.

Petition for prohibition. —

s a duty resulting from an office, trust, or sta tion, or unlawfully excludes another from the use and enjoyment of a right or office to whi ch such other is entitled, and there is no oth er plain, speedy and adequate remedy in the ordinary course of law, the person aggrieved thereby may file a verified petition in the pro per court, alleging the facts with certainty an

When the proceedings of any tribunal, corpor

d praying that judgment be rendered comma

ation, board, officer or person, whether exerci

nding the respondent, immediately or at som

sing judicial, quasi-judicial or ministerial functi

e other time to be specified by the court, to

ons, are without or in excess of its or his juri

do the act required to be done to protect th

sdiction, or with grave abuse of discretion am

e rights of the petitioner, and to pay the da

mages sustained by the petitioner by reason

to the acts or omissions of a judge, court, qu

of the wrongful acts of the respondent.

asi-judicial agency, tribunal, corporation, board

The petition shall also contain a sworn certific ation of non-forum shopping as provided in t he third paragraph of section 3, Rule 46. (3a) Section 4.

, officer or person, the petitioner shall join, as private respondent or respondents with such public respondent or respondents, the person or persons interested in sustaining the procee

When and where petition fil

dings in the court; and it shall be the duty o

ed. — The petition shall be filed not later th

f such private respondents to appear and def

an sixty (60) days from notice of the judgme

end, both in his or their own behalf and in b

nt, order or resolution. In case a motion for r

ehalf of the public respondent or respondents

econsideration or new trial is timely filed, whe

affected by the proceedings, and the costs a

ther such motion is required or not, the sixty

warded in such proceedings in favor of the p

(60) day period shall be counted from notice

etitioner shall be against the private responde

of the denial of said motion.

nts only, and not against the judge, court, qu

The petition shall be filed in the Supreme Co urt or, if it relates to the acts or omissions of a lower court or of a corporation, board, off

asi-judicial agency, tribunal, corporation, board , officer or person impleaded as public respo ndent or respondents.

icer or person, in the Regional Trial Court exe

Unless otherwise specifically directed by the c

rcising jurisdiction over the territorial area as

ourt where the petition is pending, the public

defined by the Supreme Court. It may also b

respondents shall not appear in or file an a

e filed in the Court of Appeals whether or n

nswer or comment to the petition or any ple

ot the same is in aid of its appellate jurisdicti

ading therein. If the case is elevated to a hig

on, or in the Sandiganbayan if it is in aid of

her court by either party, the public responde

its appellate jurisdiction. If it involves the acts

nts shall be included therein as nominal parti

or omissions of a quasi-judicial agency, unless

es. However, unless otherwise specifically direc

otherwise provided by law or these Rules, th

ted by the court, they shall not appear or pa

e petition shall be filed in and cognizable onl y by the Court of Appeals.

rticipate in the proceedings therein. (5a) Section 6.

Order to comment. — If the

No extension of time to file the petition shall

petition is sufficient in form and substance t

be granted except for compelling reason and

o justify such process, the court shall issue an

in no case exceeding fifteen (15) days. (4a) (B

order requiring the respondent or responden

ar Matter No. 803, 21 July 1998; A.M. No. 00-

ts to comment on the petition within ten (10)

2-03-SC) Section 5.

days from receipt of a copy thereof. Such or Respondents and costs in ce

rtain cases. — When the petition filed relates

der shall be served on the respondents in su ch manner as the court may direct together

with a copy of the petition and any annexes

The court, however, may dismiss the petition

thereto.

if it finds the same to be patently without m

In petitions for certiorari before the Supreme Court and the Court of Appeals, the provision s of section 2, Rule 56, shall be observed. Be fore giving due course thereto, the court may

erit, prosecuted manifestly for delay, or that t he questions raised therein are too unsubstan tial to require consideration. (8a) Section 9.

Service and enforcement of

require the respondents to file their commen

order or judgment. — A certified copy of the

t to, and not a motion to dismiss, the petitio

judgment rendered in accordance with the la

n. Thereafter, the court may require the filing

st preceding section shall be served upon the

of a reply and such other responsive or other

court, quasi-judicial agency, tribunal, corporat

pleadings as it may deem necessary and pro

ion, board, officer or person concerned in suc

per. (6a) Section 7.

h manner as the court may direct, and disob Expediting proceedings; injun

ctive relief. — The court in which the petition is filed may issue orders expediting the proc eedings, and it may also grant a temporary r estraining order or a writ of preliminary injun ction for the preservation of the rights of the parties pending such proceedings. The petiti on shall not interrupt the course of the princi pal case unless a temporary restraining order or a writ of preliminary injunction has been is sued against the public respondent from furth er proceeding in the case. (7a) Section 8.

Proceedings after comment i

s filed. — After the comment or other pleadi ngs required by the court are filed, or the ti me for the filing thereof has expired, the cou rt may hear the case or require the parties t o submit memoranda. If after such hearing or submission of memoranda or the expiration of the period for the filing thereof the court finds that the allegations of the petition are t rue, it shall render judgment for the relief pra yed for or to which the petitioner is entitled.

edience thereto shall be punished as contemp t. An execution may issue for any damages o r costs awarded in accordance with section 1 of Rule 39. (9a)