16 basic truths about Rule 65
Below are sixteen (16) basic truths about a petition for certiorari under Rule 65 of the Rules of Court.
[1] Remember three things first:
[a] Verified petition
[b] Within 60 days
[c] From notice of judgment, order or resolution, or order denying motion for new trial or reconsideration.
[2] Note: Period now inextendible. – last paragraph of Section 4:“No extension of time to file the petition shall be granted except for compelling reasons and in no case exceeding fifteen (15) days” has been DELETED by A.M. No. 07-7-12-SC, effective December 27, 2007.
Hence, petitions for certiorari must be filed strictly within 60 days from notice of judgment or from the order denying a motion for reconsideration. A. M. No. 07-7-12 has also amended the second paragraph of Sec. 4.
[3] If the petition relates to an act or omission of a municipal trial court or of a (municipal) corporation, board, officer or person, it shall be filed with the Regional Trial Court exercising jurisdiction over the territorial area as defined by the Supreme Court.
[4] Certiorari in Aid of Appellate Jurisdiction: It may also be filed with the Court of Appeals whether or not the same is in aid of its appellate jurisdiction, or with the Sandiganbayan if it is in aid of its appellate jurisdiction.
[5] If the petition involves an act or omission of a quasi-judicial agency, unless otherwise provided by law or these rules, the petition shall be filed with and be cognizable only by the Court of Appeals.
[6] Certiorari to COMELEC in Aid of its Appellate Jurisdiction: In election cases involving an act or omission of a municipal or regional trial court, the petition shall be filed exclusively with the Commission on Elections, in aid of its appellate jurisdiction
[7] For election cases involving acts or omissions of a municipal or regional trial court, the petition shall be filed exclusively with the Comelec as ruled by the Supreme Court in Relampagos vs. Comelec (243 SCRA 690, April 27, 1995).
Following the hierarchy of courts, no certiorari against the RTC shall be filed with the Supreme Court. This will help prevent the clogging of the Supreme Court’s dockets as litigants will be discouraged from filing petitions directly with the Supreme Court.
Section 7. Expediting proceedings; injunctive relief. - The court in which the petition is filed may issue orders expediting the proceedings, and it may also grant a temporary restraining order or a writ of preliminary injunction for the preservation of the rights of the parties pending such proceedings. The petition shall not interrupt the course of the principal case unless a temporary restraining order or a writ of preliminary injunction has been issued against the public respondent from further proceeding in the case.
The court may:
[a] Issue orders to expedite the proceedings
[b] Grant TROs
[c] Issue writs of PI
[d] No interrupt the course of the principal case, generally
[e] Interrupt the course of the principal case through injunction
Exception to [e]: Two courts of equal great cannot enjoin the other.
[8] The public respondent shall proceed with the principal case within ten (10) days from the filing of a petition for certiorari with a higher court or tribunal, absent a temporary restraining order or a preliminary injunction, or upon its expiration. Failure of the public respondent to proceed with the principal case may be a ground for an administrative charge.
[9] Unless there is a temporary restraining order or preliminary injunction issued by a higher court, the main or principal case should proceed despite the filing of a petition for certiorari questioning an act or omission of a court or tribunal
[10] Judicial courtesy, therefore, can no longer be used as an excuse by courts or tribunals not to proceed with the principal case.
Section 8. Proceedings after comment is filed. - x x x However, the court may dismiss the petition if it finds the same patently without merit or prosecuted manifestly for delay, or if the questions raised therein are too unsubstantial to require consideration. In such event, the court may award in favor of the respondent treble costs solidarily against the petitioner and counsel, in addition to subjecting counsel to administrative sanctions under Rules 139 and 139-B of the Rules of Court.
[11] The Court may impose motu proprio, based on rep ipsa loquitur, other disciplinary sanctions or measures on erring lawyers for patently dilatory and unmeritorious petitions for certiorari.
[12] This amendment seeks to discourage litigants and their counsel from filing baseless petitions for certiorari.
Three (3) essential dates that must be stated in a petition for certiorari – [1] The date when notice of the judgment, final order or resolution was received,[2] When a motion for new trial or reconsideration was filed, and[3] When notice of the denial thereof was received.
[13] Don't be late in filing your petition for certiorari.
For being filed one day late, the Court of Appeals dismissed petition for certiorari of NLRC decision. The Supreme Court upheld the dismissal. Deviations from the rule cannot be tolerated. Its observance cannot be left to the whims and caprices of the parties (LTS Philippines Corp. vs. Maliwat).
[14] What are the documents to accompany the petition? (Caingat vs. NLRC, G.R. No. 154308, March 10, 2005)
[a] Certified true copy of the judgment, order or resolution subject of the petition;
[b] Copies of all relevant pleadings and documents and
[c] Sworn certification of non-forum shopping.
[15] The requirement for certified true copies refers to the judgment, order or resolution (Air Philippines vs. Zamora, G.R. No. 148247, August 7, 2006).
[16] The use of mere photocopies of certified true copies of judgments or orders subject matter of a petition renders that petition deficient and subject to dismissal (Pinamakasarap Corporation vs. NLRC, G.R. No. 155058, September 26, 2006).
[c] From notice of judgment, order or resolution, or order denying motion for new trial or reconsideration.
[2] Note: Period now inextendible. – last paragraph of Section 4:“No extension of time to file the petition shall be granted except for compelling reasons and in no case exceeding fifteen (15) days” has been DELETED by A.M. No. 07-7-12-SC, effective December 27, 2007.
Hence, petitions for certiorari must be filed strictly within 60 days from notice of judgment or from the order denying a motion for reconsideration. A. M. No. 07-7-12 has also amended the second paragraph of Sec. 4.
[3] If the petition relates to an act or omission of a municipal trial court or of a (municipal) corporation, board, officer or person, it shall be filed with the Regional Trial Court exercising jurisdiction over the territorial area as defined by the Supreme Court.
[4] Certiorari in Aid of Appellate Jurisdiction: It may also be filed with the Court of Appeals whether or not the same is in aid of its appellate jurisdiction, or with the Sandiganbayan if it is in aid of its appellate jurisdiction.
[5] If the petition involves an act or omission of a quasi-judicial agency, unless otherwise provided by law or these rules, the petition shall be filed with and be cognizable only by the Court of Appeals.
[6] Certiorari to COMELEC in Aid of its Appellate Jurisdiction: In election cases involving an act or omission of a municipal or regional trial court, the petition shall be filed exclusively with the Commission on Elections, in aid of its appellate jurisdiction
[7] For election cases involving acts or omissions of a municipal or regional trial court, the petition shall be filed exclusively with the Comelec as ruled by the Supreme Court in Relampagos vs. Comelec (243 SCRA 690, April 27, 1995).
Following the hierarchy of courts, no certiorari against the RTC shall be filed with the Supreme Court. This will help prevent the clogging of the Supreme Court’s dockets as litigants will be discouraged from filing petitions directly with the Supreme Court.
Section 7. Expediting proceedings; injunctive relief. - The court in which the petition is filed may issue orders expediting the proceedings, and it may also grant a temporary restraining order or a writ of preliminary injunction for the preservation of the rights of the parties pending such proceedings. The petition shall not interrupt the course of the principal case unless a temporary restraining order or a writ of preliminary injunction has been issued against the public respondent from further proceeding in the case.
The court may:
[a] Issue orders to expedite the proceedings
[b] Grant TROs
[c] Issue writs of PI
[d] No interrupt the course of the principal case, generally
[e] Interrupt the course of the principal case through injunction
Exception to [e]: Two courts of equal great cannot enjoin the other.
[8] The public respondent shall proceed with the principal case within ten (10) days from the filing of a petition for certiorari with a higher court or tribunal, absent a temporary restraining order or a preliminary injunction, or upon its expiration. Failure of the public respondent to proceed with the principal case may be a ground for an administrative charge.
[9] Unless there is a temporary restraining order or preliminary injunction issued by a higher court, the main or principal case should proceed despite the filing of a petition for certiorari questioning an act or omission of a court or tribunal
[10] Judicial courtesy, therefore, can no longer be used as an excuse by courts or tribunals not to proceed with the principal case.
Section 8. Proceedings after comment is filed. - x x x However, the court may dismiss the petition if it finds the same patently without merit or prosecuted manifestly for delay, or if the questions raised therein are too unsubstantial to require consideration. In such event, the court may award in favor of the respondent treble costs solidarily against the petitioner and counsel, in addition to subjecting counsel to administrative sanctions under Rules 139 and 139-B of the Rules of Court.
[11] The Court may impose motu proprio, based on rep ipsa loquitur, other disciplinary sanctions or measures on erring lawyers for patently dilatory and unmeritorious petitions for certiorari.
[12] This amendment seeks to discourage litigants and their counsel from filing baseless petitions for certiorari.
Three (3) essential dates that must be stated in a petition for certiorari – [1] The date when notice of the judgment, final order or resolution was received,[2] When a motion for new trial or reconsideration was filed, and[3] When notice of the denial thereof was received.
[13] Don't be late in filing your petition for certiorari.
For being filed one day late, the Court of Appeals dismissed petition for certiorari of NLRC decision. The Supreme Court upheld the dismissal. Deviations from the rule cannot be tolerated. Its observance cannot be left to the whims and caprices of the parties (LTS Philippines Corp. vs. Maliwat).
[14] What are the documents to accompany the petition? (Caingat vs. NLRC, G.R. No. 154308, March 10, 2005)
[a] Certified true copy of the judgment, order or resolution subject of the petition;
[b] Copies of all relevant pleadings and documents and
[c] Sworn certification of non-forum shopping.
[15] The requirement for certified true copies refers to the judgment, order or resolution (Air Philippines vs. Zamora, G.R. No. 148247, August 7, 2006).
[16] The use of mere photocopies of certified true copies of judgments or orders subject matter of a petition renders that petition deficient and subject to dismissal (Pinamakasarap Corporation vs. NLRC, G.R. No. 155058, September 26, 2006).
