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

Section 1. 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.

h grave abuse of discretion amounting to lac

The petition shall likewise be accompanied by
k or excess of jurisdiction, and there is no ap
a certified true copy of the judgment, order
peal, or any plain, speedy, and adequate rem
or resolution subject thereof, copies of all ple
edy in the ordinary course of law, a person a
adings and documents relevant and pertinent
ggrieved thereby may file a verified petition i
thereto, and a sworn certification of non-foru
n the proper court, alleging the facts with cer
m shopping as provided in the third paragra
tainty and praying that judgment be rendered
ph of section 3, Rule 46. (2a)
annulling or modifying the proceedings of su
Section 3. Petition for mandamus. —
ch tribunal, board or officer, and granting suc
When any tribunal, corporation, board, officer
h incidental reliefs as law and justice may req
or person unlawfully neglects the performance
uire.
of an act which the law specifically enjoins a
The petition shall be accompanied by a certifi
s a duty resulting from an office, trust, or sta
ed true copy of the judgment, order or resol
tion, or unlawfully excludes another from the
ution subject thereof, copies of all pleadings
use and enjoyment of a right or office to whi
and documents relevant and pertinent thereto
ch such other is entitled, and there is no oth
, and a sworn certification of non-forum shop
er plain, speedy and adequate remedy in the
ping as provided in the third paragraph of se
ordinary course of law, the person aggrieved
ction 3, Rule 46. (1a)
thereby may file a verified petition in the pro

Section 2. Petition for prohibition. — 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
of the wrongful acts of the respondent.
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. When and where petition fil
ed. — The petition shall be filed not later th
an sixty (60) days from notice of the judgme
nt, order or resolution. In case a motion for r
econsideration or new trial is timely filed, whe
ther such motion is required or not, the sixty
(60) day period shall be counted from notice
of the denial of said motion.
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
icer or person, in the Regional Trial Court exe
rcising jurisdiction over the territorial area as
defined by the Supreme Court. It may also b
e filed in the Court of Appeals whether or n
ot the same is in aid of its appellate jurisdicti
on, or in the Sandiganbayan if it is in aid of
its appellate jurisdiction. If it involves the acts
or omissions of a quasi-judicial agency, unless
otherwise provided by law or these Rules, th
e petition shall be filed in and cognizable onl
y by the Court of Appeals.
No extension of time to file the petition shall
be granted except for compelling reason and
in no case exceeding fifteen (15) days. (4a) (B
ar Matter No. 803, 21 July 1998; A.M. No. 00-
2-03-SC)
Section 5. Respondents and costs in ce
rtain cases. — When the petition filed relates
to the acts or omissions of a judge, court, qu
asi-judicial agency, tribunal, corporation, board
, 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
dings in the court; and it shall be the duty o
f such private respondents to appear and def
end, both in his or their own behalf and in b
ehalf of the public respondent or respondents
affected by the proceedings, and the costs a
warded in such proceedings in favor of the p
etitioner shall be against the private responde
nts only, and not against the judge, court, qu
asi-judicial agency, tribunal, corporation, board
, officer or person impleaded as public respo
ndent or respondents.
Unless otherwise specifically directed by the c
ourt where the petition is pending, the public
respondents shall not appear in or file an a
nswer or comment to the petition or any ple
ading therein. If the case is elevated to a hig
her court by either party, the public responde
nts shall be included therein as nominal parti
es. However, unless otherwise specifically direc
ted by the court, they shall not appear or pa
rticipate in the proceedings therein. (5a)
Section 6. Order to comment. — If the
petition is sufficient in form and substance t
o justify such process, the court shall issue an
order requiring the respondent or responden
ts to comment on the petition within ten (10)
days from receipt of a copy thereof. Such or
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
erit, prosecuted manifestly for delay, or that t
In petitions for certiorari before the Supreme
he questions raised therein are too unsubstan
Court and the Court of Appeals, the provision
tial to require consideration. (8a)
s of section 2, Rule 56, shall be observed. Be
fore giving due course thereto, the court may 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) h manner as the court may direct, and disob
edience thereto shall be punished as contemp
Section 7. Expediting proceedings; injun
t. An execution may issue for any damages o
ctive relief. — The court in which the petition
r costs awarded in accordance with section 1
is filed may issue orders expediting the proc
of Rule 39. (9a)
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.