3 Kinds of Certiorari

1. Rule 45
2. Rule 64 and 65
3. Section 1, Article VIII of the 1987 Constitution

2 Kinds of (?)
1. Special civil action
2. Mode of appeal

Requisites to File Petition for Certiorari under Rule 65

1. Respondents should be courts, tribunals, officers, boards, exercising judicial or quasi-
judicial functions
Judicial Functions
Quasi-judicial Functions
Administrative agencies
o purely legislative/administrative
certiorari not available
o quasi-legislative
o executive/administrative
o quasi-judicial
2. Respondents have acted without or with excess of jurisdiction or GADELEJ
3. No other adequate remedy or appeal

Aggrieved Party
1. Any party who claims to be prejudiced by the order of the courts, tribunals

Respondents
1. Public Respondents
tribunal, court, officer, corporation
nominal party
implead the courts not the judge
o but the judge can substitute for the court
courts are not supposed to participate in a case
o they should not be interested in a case
o unless required to do so

2. Private Respondents
the one interested in sustaining the challenged decision

When a rule confers an appellate jurisdiction on a court, it includes a certiorari powers

Court of Tax Appeals
o CTA Division
o CTA En Banc
decision of a CTA division is appealable in CTA En Banc
Expanded Scope of Judicial Review under petition for certiorari (Art. VIII, Sec. 1)
o Even acts of Congress and executive orders are now subject to certiorari
o diminished the effect of doctrine of political question
RULE 64

ConCom
o CSC
o COA
o COMELEC
COA and COMELEC
o granted certiorari powers
Prima Facie Evidence
o an evidence that proves an issue of fact
Prima Facie Case
o an evidence that proves the cause of action of the plaintiff or the affirmative defense
of the defendant
Prerogative writ v. Ministerial writ
o Prerogative writ
the issuance is discretionary upon the court
Petition for Certiorari is a prerogative writ
Orders and Writs
o an order becomes a writ when the court orders one to perform something

Section 1, Article VIII, 1987 Constitution

o the power of the courts include the termination of W/N a branch, instrumentality has
acted with GADELEJ amounting to lack or excess of jurisdiction
What is the effect of this provision insofar as to the requirement that the respondent should
be either exercising judicial or quasi-judicial functions
o Do not distinguish
o If a respondent exercises judicial or quasi-judicial agency, use Rule 65
o If a respondent is a member of Congress, GOCC, apply Section 1, Article VIII
But insofar as the rules are concerned, the rules are the same
The political question theory
o trumped
o now only applies to the acts of President, which do not affect private individuals
Can a court order a committee of a house?
o yes, it is covered by the certiorari power of the court

Check notes on Apprac

NLRC CA, Rule 65 (certiorari) SC, Rule 45 (appeal)
COMELEC/COA Decisions CA, Rule 65 (certiorari)
Office of the President CA, Rule 65 (certiorari)
Secretary of Justice Resolution on Investigation of Prosecutors CA, Rule 65 (certiorari)
Resolutions of Ombudsman
o on administrative matters CA, Rule 65 (certiorari)
o on finding of criminal matters (probable cause) SC, Rule 65 (certiorari)
Commission on Human Rights
o does not exercise judicial or quasi-judicial functions
o administrative issuances may be questioned before SC, Rule 65
 Ex Abundante Ad Cautelam
o If you are unsure or to be on the safe side of a situation, you can file, in compliance
with the rules, what is required even if it is not yet due.
o Filing of a pleading without prejudice to the result of ones motion
in case of denial of motion, the pleading is already prepared
Principle of in aid of appellate jurisdiction (?)
o if appellate jurisdiction is conferred to a court, certiorari powers are also conferred to
such court
o court can rule on certiorari, in aid of its appellate jurisdiction
Writs of Injunction, Habeas Corpus, Certiorari, Prohibition and Mandamus
o territorial, meaning they are enforceable only within the region of the court issuing
such writ, unless the Supreme Court issues it, wherein it is enforceable anywhere in
the Philippines
When the subject of habeas corpus is the custody of the child, the exclusive jurisdiction
belongs to the Family Court
o When the Family Court mentions exclusive jurisdiction, does that mean that certiorari
on habeas corpus on custody of minor cannot be brought to the Court of Appeals?
o NO, CA retains jurisdiction on certiorari on habeas corpus on custody of minor
Why is it that the court in certiorari cannot act on questions of law?
o question of law
goes into the judgment of the court
e.g.

o question of jurisdiction
goes into the ability of a court to render a decision
If the CA, in a certiorari case, renders a decision with GADELEJ, how is that decision to be
reviewed?
o any decision rendered by CA can be reviewed by SC by appeal under Rule 45
o Rule 45 is a mode of appeal