PETITION

FOR
PROHIBITION
By Charles Aguilar
 What is • Prohibition is a preventive remedy. It is intended to
prevent the commission or carrying out of a

Petition for discretionary or ministerial act by a respondent who

exercises either judicial or quasi-judicial, but not

prohibition? legislative functions. Like in certiorari, respondent

must have acted without or in excess of jurisdiction, or
with grave abuse of discretion amounting to lack or
excess of jurisdiction.
• Generally, prohibition does not lie to restrain an act
that is already fait accompli. To prevent respondent
from performing the act sought to be prevented during
the pendency of the proceedings for the writ, the
petitioner should obtain a restraining order or a writ of
preliminary injunction.
 What is • In order that prohibition will lie against an executive
officer, the petitioner must first exhaust all

Petition for administrative remedies, as prohibition is available

only when there are no other plain, speedy and

prohibition? adequate remedies in the ordinary course of law.

Prohibition is the remedy where a motion to dismiss
based on improper venue is improperly denied.
Who may • A person aggrieved by the proceedings of any tribunal,
corporation, board, officer, or other person whether

file? exercising judicial, quasi-judicial, or ministerial

functions .
When to • When there is no appeal or any other plain, speedy, and
adequate remedy in the ordinary course of law, the

file? petition shall be filed not later than sixty (60) days from
notice of the judgment, order or resolution. In case a
motion for reconsideration or new trial is timely filed,
whether such motion is required or not, the sixty (60)
day period shall be counted from notice of the denial of
said motion.
Where to • If the petition relates to an act or an omission of a
municipal trial court or of a corporation, a board, an

file? officer or a person, it shall be filed with the Regional

Trial Court exercising jurisdiction over the territorial
area as defined by the Supreme Court. It may also be
filed in the Court of Appeals or with the
Sandiganbayan, whether or not the same is in aid of
the court's appellate jurisdiction.

• If the petition involves an act or an omission of a quasi-

judicial agency, unless otherwise provided by law or
the Rules of Court, the petition shall be filed with and
cognizable only by the Court of Appeals.
Where to • In election cases involving an act or an omission of a
municipal or a regional trial court, the petition shall be

file? filed exclusively with the Commission on Elections, in

aid of its appellate jurisdiction. (As amended by A.M.
No. 07-7-12-SC, December 12, 2007.)
Instruction • A verified petition in the proper court, alleging the
facts with certainty and praying that judgment be
rendered commanding the respondent to desist from
further proceedings in the action or matter specified
therein, or otherwise granting such incidental reliefs as
law and justice may require.

• 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 a sworn
certification of non-forum shopping as provided in the
third paragraph of section 3, Rule 46. (2a)