Professional Documents
Culture Documents
Election Law
ANIE P. MARTINEZ
D. PETITION FOR CERTIORARI,
PROHIBITION, AND
MANDAMUS
Petition for Certiorari
- another mode of seeking judicial
review of orders, rulings and decisions
of quasi-judicial agencies is by way of
certiorari, prohibition and mandamus
under Rule 65 of the Rules of Court.
Section 1:
1. It is directed against a
tribunal, board or officer
exercising judicial or quasi-
judicial functions.
2. The tribunal, board or officer
has acted without or in excess
of jurisdiction or with grave
abuse of discretion.
Petition for review vs. Petition
for Certiorari
perishable.
4. where, under the circumstances,
a motion for reconsideration would
be useless;
5. where petitioner was deprived of
due process and there is extreme
Exceptions:
interests is involved;
10. where judicial intervention is
urgent;
11. where its application may
cause great and irreparable
damage;
Exceptions:
12. failure of a high government
official from whom relief is sought
to act on the matter;
13. when the issue of non-
exhaustion of administrative
remedies has been rendered moot;
14. where special circumstances
Exceptions:
warrant immediate and more
direct action.
Petition for Prohibition
“Although, as averred by
respondents, the recognized rule is
that, in the performance of an
official duty or act involving
discretion, the corresponding
official can only be directed by
mandamus to act but not to act
one way or the other, yet it is not
accurate to say that the writ will
never issue to control his discretion.
There is an exception to the rule if
the case is otherwise, proper, as in
cases of gross abuse of discretion,
manifest injustice or palpable excess
of authority.’
Instances when mandamus
may or not lie
1. Mandamus will not lie to compel
a course of conduct. Neither will it
lie to compel an official to do
anything which is not his duty to do
or to give the applicant anything
to which he is not entitled by law.
- the writ neither confers powers
nor imposes duties. Nor will
mandamus lie to compel
performance of an act prohibited
by law.
2. Mandamus does not lie to require
anyone to fulfill contractual
obligations. A contractual obligation
is not a duty specifically enjoined by
law resulting from office, trust, or
station and the rule is that
mandamus never lies to enforce
the performance of contractual
obligations.