Definition and Nature
Certiorari is an extraordinary remedy and a special civil action. It is considered an original and independent action. While distinct from an ordinary appeal, it is often filed alongside appeals under Rule 45 for review on certiorari. The primary purpose of certiorari is to correct errors of jurisdiction.
Purpose and Scope
The sole office of the writ of certiorari is the correction of errors of jurisdiction, including grave abuse of discretion amounting to lack or excess of jurisdiction. It is a means to annul or modify the proceedings of a tribunal, board, or officer. Certiorari is not intended to correct errors of judgment or procedure unless such errors amount to grave abuse of discretion.
Distinction from Appeal
Certiorari is different from an ordinary appeal. Appeal is a mode of review that generally involves errors of law or fact. Certiorari, under Rule 65, focuses specifically on errors of jurisdiction or grave abuse of discretion. A party cannot substitute the special civil action of certiorari for an appeal. If appeal is available and is a plain, speedy, and adequate remedy in the ordinary course of law, certiorari is generally not the proper remedy. However, there are exceptions where certiorari may be allowed despite the availability of appeal, such as when it is necessary to prevent irreparable damage and injury or where the questions raised are pure questions of law.
Grounds for Issuance
The essential requisites for a petition for certiorari are:
- It is directed against a tribunal, board, or officer exercising judicial or quasi-judicial functions.
- Such 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.
- There is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law.
Grave abuse of discretion implies a capricious or whimsical exercise of judgment equivalent to lack of jurisdiction.
Against Whom Filed
A petition for certiorari is filed against the tribunal, board, or officer exercising judicial or quasi-judicial functions that committed the alleged grave abuse of discretion or acted without or in excess of jurisdiction. The aggrieved party is the petitioner, and the public respondent is the tribunal, board, or officer. The adverse party in the original case is impleaded as a private respondent.
Period for Filing
A petition for certiorari must be filed not later than sixty (60) days from notice of the judgment, order, or resolution being assailed. If a motion for reconsideration is timely filed, the 60-day period starts from the notice of the denial of the motion. The statement of material dates regarding the notice of the judgment/order/resolution and the denial of any motion for reconsideration is a mandatory requirement to determine the timeliness of the petition.
Requirements of the Petition
A petition for certiorari must be verified. It must be accompanied by:
- A certified true copy of the judgment, order, or resolution being assailed.
- Copies of all pleadings and documents relevant and pertinent thereto.
- A sworn certification against forum shopping. Non-compliance with the certification is a sufficient ground for dismissal.
The petition should also state the material dates as mentioned above.
Effect of Filing
Generally, the filing of a petition for certiorari does not stay the judgment or order of the lower court unless the Supreme Court or the Court of Appeals issues a writ of preliminary injunction or temporary restraining order.
Execution of Judgment
When the judgment is for the execution of a special judgment (such as in certiorari, prohibition, or mandamus cases), the execution is done in accordance with Rule 39, Section 11, as damages may be awarded under Sections 1 and 9 of Rule 39. The rule on execution of a special judgment directs compliance with the judgment, and disobedience can lead to punishment for contempt.