Certiorari, Prohibition, Mandamus? A look at petitions and what they ask courts to do | ABS-CBN
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Certiorari, Prohibition, Mandamus? A look at petitions and what they ask courts to do
Certiorari, Prohibition, Mandamus? A look at petitions and what they ask courts to do
Atty. James Amante,
ABS-CBN News
Published Feb 19, 2025 09:37 PM PHT
|
Updated Feb 20, 2025 02:42 PM PHT
MANILA — The run-up to the May elections and the ongoing impeachment proceedings against Vice President Sara Duterte have seen a flurry of petitions being filed at the Supreme Court.
MANILA — The run-up to the May elections and the ongoing impeachment proceedings against Vice President Sara Duterte have seen a flurry of petitions being filed at the Supreme Court.
With the different kinds of pleas and the use of Latin, it's easy to get lost in what a certain petition means and seeks from the court.
With the different kinds of pleas and the use of Latin, it's easy to get lost in what a certain petition means and seeks from the court.
The Rules of Court, promulgated by the Supreme Court under its rule-making power, provide for procedures for the protection and enforcement of constitutional rights.
The Rules of Court, promulgated by the Supreme Court under its rule-making power, provide for procedures for the protection and enforcement of constitutional rights.
Among them are special civil actions which are designed for particular situations.
Among them are special civil actions which are designed for particular situations.
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One special civil action is set forth under Rule 65, which allows for petitions for Certiorari, Prohibition, and Mandamus.
One special civil action is set forth under Rule 65, which allows for petitions for Certiorari, Prohibition, and Mandamus.
PETITION FOR CERTIORARI
A Petition for Certiorari — Latin for "to be made more certain" or "to be informed" — under Rule 65 is proper to question jurisdiction, or the authority to hear and decide a case.
A Petition for Certiorari — Latin for "to be made more certain" or "to be informed" — under Rule 65 is proper to question jurisdiction, or the authority to hear and decide a case.
These writs are issued against a tribunal, a board, or any officer exercising judicial or quasi-judicial functions.
These writs are issued against a tribunal, a board, or any officer exercising judicial or quasi-judicial functions.
However, court decisions in the exercise of the expanded mode have allowed the filing of petitions for certiorari and prohibition to question government actions that may violate the Constitution.
However, court decisions in the exercise of the expanded mode have allowed the filing of petitions for certiorari and prohibition to question government actions that may violate the Constitution.
These facts can be quasi-judicial, legislative, quasi-legislative, or administrative in nature.
These facts can be quasi-judicial, legislative, quasi-legislative, or administrative in nature.
A judicial function is the power of courts to settle actual controversies involving rights that are legally demandable and enforceable. Meanwhile, a quasi-judicial function is the power of an administrative agency to decide on the rights of persons before it.
A judicial function is the power of courts to settle actual controversies involving rights that are legally demandable and enforceable. Meanwhile, a quasi-judicial function is the power of an administrative agency to decide on the rights of persons before it.
A legislative function is the power of Congress to make, change, and repeal laws. Meanwhile, a quasi-legislative function is exercised by administrative agencies through the promulgation of rules and regulations.
A legislative function is the power of Congress to make, change, and repeal laws. Meanwhile, a quasi-legislative function is exercised by administrative agencies through the promulgation of rules and regulations.
Subjects of a petition for certiorari may be filed if the body or person whose authority is being questioned is believed to have acted without or beyond their jurisdiction or with grave abuse of their discretion and there is no appeal or similar remedy in the course of law.
Subjects of a petition for certiorari may be filed if the body or person whose authority is being questioned is believed to have acted without or beyond their jurisdiction or with grave abuse of their discretion and there is no appeal or similar remedy in the course of law.
There is grave abuse of discretion when the act is a “capricious, arbitrary, and whimsical exercise of power.”
There is grave abuse of discretion when the act is a “capricious, arbitrary, and whimsical exercise of power.”
PETITION FOR PROHIBITION
A Petition for Prohibition is filed to prevent courts, officers, or persons from exercising an authority they do not have.
A Petition for Prohibition is filed to prevent courts, officers, or persons from exercising an authority they do not have.
If granted, a court commands the respondent to desist from the action or matter in the petition.
If granted, a court commands the respondent to desist from the action or matter in the petition.
These petitions may be filed against a tribunal, corporation, board, or person whether exercising judicial, quasi-judicial, or ministerial functions — those that do not require the exercise of judgment like processing paperwork according to a set procedure.
These petitions may be filed against a tribunal, corporation, board, or person whether exercising judicial, quasi-judicial, or ministerial functions — those that do not require the exercise of judgment like processing paperwork according to a set procedure.
The petitions can be filed when that body or person has acted without or in excess of its jurisdiction, or with grave abuse of discretion, and there is no appeal or similar remedy available.
The petitions can be filed when that body or person has acted without or in excess of its jurisdiction, or with grave abuse of discretion, and there is no appeal or similar remedy available.
PETITION FOR MANDAMUS
A Petition for Mandamus — Latin for "we command" — is filed when a body or person unlawfully neglects to do what they are required to by law, or when they unlawfully exclude someone from using or exercising a right or authority that they are entitled to.
A Petition for Mandamus — Latin for "we command" — is filed when a body or person unlawfully neglects to do what they are required to by law, or when they unlawfully exclude someone from using or exercising a right or authority that they are entitled to.
Those filing this kind of petition must show a clear legal right to the act demanded and that the respondent has the duty to perform the act under the law and has neglected that duty.
Those filing this kind of petition must show a clear legal right to the act demanded and that the respondent has the duty to perform the act under the law and has neglected that duty.
The act that is subject of the petition must also be ministerial — or does not require the exercise of judgment — and there is no other plain, speedy, and adequate remedy in the ordinary course of law.
The act that is subject of the petition must also be ministerial — or does not require the exercise of judgment — and there is no other plain, speedy, and adequate remedy in the ordinary course of law.
Mandamus neither confers power nor imposes a duty but is a command for the respondent to perform a duty already imposed by law.
Mandamus neither confers power nor imposes a duty but is a command for the respondent to perform a duty already imposed by law.
In summary, Rule 65 provides a legal remedy when a court or a person acts without or beyond its authority.
In summary, Rule 65 provides a legal remedy when a court or a person acts without or beyond its authority.
A petition for Certiorari challenges decisions made in excess or lack of jurisdiction or with grave abuse of discretion; Prohibition seeks to stop an unlawful action; and Mandamus compels the performance of a duty required by law.
A petition for Certiorari challenges decisions made in excess or lack of jurisdiction or with grave abuse of discretion; Prohibition seeks to stop an unlawful action; and Mandamus compels the performance of a duty required by law.
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