Rule 65 of the Rules of Court in the Philippines pertains to Certiorari, Prohibition, and Mandamus, which are special civil actions.
Essentially, Rule 65 outlines the procedures and conditions under which a party can petition a higher court to review actions of a lower court, tribunal, board, or officer exercising judicial or quasi-judicial functions. It is used to correct grave abuse of discretion amounting to lack or excess of jurisdiction.
Breakdown of Rule 65:
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Certiorari: This remedy is used to correct errors of jurisdiction. It is invoked when a lower court, tribunal, board, or officer has acted without or in excess of its jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction. A key requirement is the absence of appeal or any other plain, speedy, and adequate remedy.
- Example: If a Regional Trial Court convicts someone of a crime that is explicitly outside of its jurisdiction, a petition for certiorari could be filed to nullify the court's decision.
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Prohibition: This remedy seeks to prevent a lower court, tribunal, board, or officer from performing an act that exceeds its jurisdiction or is contrary to law. It is a preventive measure.
- Example: If a lower court attempts to hear a case that rightfully belongs in another court, a petition for prohibition could be filed to stop the proceedings.
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Mandamus: This remedy compels a lower court, tribunal, board, or officer to perform a ministerial duty that they are legally obligated to perform. A ministerial duty is one that requires no discretion.
- Example: If a government official refuses to issue a permit that an individual is clearly entitled to based on existing laws and regulations, a petition for mandamus could be filed to compel the official to issue the permit.
Key Considerations:
- Grave Abuse of Discretion: This does not simply mean an error in judgment; it implies a capricious and whimsical exercise of judgment so patent and gross as to amount to an evasion of a positive duty or a virtual refusal to perform the duty enjoined or to act at all in contemplation of law.
- Availability of Other Remedies: Rule 65 petitions are generally not allowed if there is an appeal or other adequate remedy available. It is a remedy of last resort.
- Timeliness: The petition must be filed within a reasonable time, which jurisprudence has generally defined as 60 days from notice of the judgment, order, or resolution sought to be assailed.
- Verified Petition: The petition must be verified, meaning the petitioner must swear under oath that the allegations in the petition are true.
- Service of Petition: The petition must be served on the respondents.
In summary:
Rule 65 provides mechanisms (certiorari, prohibition, and mandamus) to correct or prevent abuses of power by lower courts, tribunals, boards, or officers, ensuring that they act within their legal bounds and perform their mandated duties. These remedies are only available when there is no other adequate and speedy remedy available to the aggrieved party.
