Provisional Remedies

Rule 65

CERTIORARI, PROHIBITION AND MANDAMUS

Gypsy Jennsen Arquio

Mario Bello, Jr
Aubrey Bonilla
Sheena Marie L. Erasmo
Manuel Adolfo Laza
Cyril Jed Martel

27 October 2018
 RULE 65
CERTIORARI, PROHIBITION AND MANDAMUS

SECTION 1. Petition for certiorari.—When any tribunal, board or officer exercising judicial or quasi-
judicial functions has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy
in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court,
alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings
of such tribunal, board or officer, and granting such incidental reliefs as law and justice may require.
The petition shall be accompanied by a certified true copy of the judgment, order or resolution subject thereof,
copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non-forum
shopping as provided in the third paragraph of section 3, Rule 64. (1a)

Definition

Certiorari is an extraordinary writ annulling or modifying the proceedings of a tribunal, board or officer
exercising judicial or quasi-judicial functions when such tribunal, board or officer has acted without or in
excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction,
there being no appeal or any other plain, speedy and adequate remedy in the ordinary course of law (Sec. 1,
Rule 65).

Against whom

Directed against an entity or person exercising judicial or quasi-judicial function.

Purpose

Purpose is to annul or nullify a proceeding.

Nature

This remedy is corrective – to correct usurpation of jurisdiction (Sec 1, Rule 65).

Scope
 Extends to discretionary acts.

Where can be filed?

SC,CA or RTC

When?

“When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in
excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction,
and there is no appeal, nor any plain, speedy, and adequate remedy in the ordinary course of law…”

Instances when the petitions for certiorari, mandamus and prohibition are NOT available

1. Rule on Summary Procedure as to interlocutory

order issued by the lower court (Sec. 19(g), Rules on Summary Procedure);
2. Writ of Amparo against any interlocutory order (Sec.11(l), Rule on Writ of Amparo);
3. Petition for writ of Habeas data against any interlocutory order (Sec. 13(l), A.M. No. 08-1-16);
4. Small claims cases against interlocutory order
issued by the lower court (Sec. 14(g) of A.M. No. 08-8-7-SC).

Distinguish

Certiorari Rule 45 Certiorari Rule 65

As to issues involved

Issues raised or involved are purely of Jurisdictional issues, i.e whether the
law. respondent committed grave abuse of
discretion amounting to lack or excess
of jurisdiction.

As to jurisdiction exercise
Court is in the exercise of its appellate Court is exercising original
jurisdiction. jurisdiction.

As to Where filed

Brought only to the SC. May be filed in the appropriate court

having jurisdiction over the lower
court, tribunal, board or officer.

As to Pre-condition

No need for a motion for MR is a perquisite.

reconsideration.

As to time of filing
Appeal is taken within 15 days from Petition is filed not later than 60 days
notice of the judgment, final order, or from notice of the judgment, order, or
resolution, or of denial of petitioner’s resolution sought to be assailed.
motion for new trial or reconsideration.
As to Parties
Lower court of judge which rendered the Tribunal, board, or officer has to be
judgment or final order appealed from impleaded in the action as normal party
shall not be impleaded in the appeal. respondent.
As to stay of Execution
Appeal by certiorari stays the judgment In a certiorari proceeding, the
final order, or resolution. challenged proceeding is not stayed
unless the court issues a TRO or
injunctive writ.
As to Stage of proceedings
Appeal by certiorari may be availed of Petition for certiorari may be availed of
only after a final judgment. It seeks to during the pendency of the case pr even
review final judgments or final orders. before judgment. Thus it may be availed
of against an interlocutory order.

Requisites of a valid certiorari

1. The petition is directed against a tribunal, board or officer exercising judicial or quasi-judicial functions;
2. Such tribunal, board or officer has acted without or in excess of jurisdiction or with grave abuse of
discretion; and

3. There is neither appeal nor any plain, speedy and adequate remedy in the ordinary course of law for the
purpose of annulling or modifying the proceeding. There must be capricious, arbitrary and whimsical exercise
of power for it to prosper (Sec. 1 Rule 65; Aggabao v. Comelec, G.R. No. 163756, January 26, 2005; Riano,
2009).

The tribunal, board or officer, etc. has acted without jurisdiction, or in excess of its jurisdiction or grave
abuse of discretion –
Without jurisdiction if it is acting without absolute authority. Ex. A forcible entry was filed before the RTC
(bec. Forcible entry cases are cognizable by MTC)

The court acted in excess of jurisdiction –

The court has jurisdiction but it went beyond the limits of its authority. Ex. Petition for support is filed in
the RTC with a prayer for support pendent lite. Under rule 61, court will require the defendant to comment
within 10days, and there will be a hearing. If it was granted ex parte, certiorari is proper because it although it
has authority but it exceeded.

The court acted in grave abuse of discretion –

Discretion means choice or authority to decide one way or the other. For certiorari, the abuse of discretion
must be grave. It is not enough to say that the decision of the court is wrong, the wrong must be a grave abuse.

There is no appeal –
Ex. Order is interlocutory which is unappealable.
Certiorari is not allowed if the remedy of appeal is available because certiorari is not a substitute for
appeal.

No plain, speedy and adequate remedy in the ordinary course of law –

Principle is: do not file a certiorari without filing a prior Motion for Reconsideration.

EXCEPTIONS when Motion for Reconsideration not required:

1. Where the order is a patent nullity, as where the court a quo has no jurisdiction;
2. Where the questions raised in the certiorari proceeding have been duly raised and passed by the
lower court, or are the same as those raised and passed upon in the lower court;
3. Where there is an urgent necessity for the resolution of the question and any further delay would
prejudice the interests of the government or of the petitioner;
4. Where the subject matter of the action is perishable;
5. Where under the circumstances, a motion for reconsideration would be useless;
6. Where petitioner was deprived of due process and there is extreme urgency for relief;
7. Where in a criminal case, relief from order of arrest is urgent and the granting of such relief by the
trial court is improbable;
8. Where the proceedings in the lower court are a nullity for lack of due process;
9. Where the proceedings was ex parte or in which the petitioner had no opportunity to object; and
 10. Where the issue raised is one purely of law or where public interest is involved.

Important requirements in filing a petition for certiorari:

a. the petition must be verified;

b. the petition shall be accompanied by a certified true copy of the judgment, order or resolution subject
thereof;and

c.sworn certification of non-forum shopping

WHEN PETITION FOR CERTIORARI IS PROPER

It is a writ issued by a superior court to an inferior court, board or officer exercising judicial or quasi-judicial
functions whereby the record of a particular case is ordered to be elevated for review and correction in matters
of law. In a petition for certiorari, the court will only resolve errors of jurisdiction and not errors of judgment.

Remedies of appeal and certiorari NOT exclusive

GR: Where the proper remedy is appeal, the action for certiorari will not be entertained. Certiorari is not a
remedy for errors of judgment. Errors of judgment are correctible by appeal; errors of jurisdiction are
reviewable by certiorari.

XPNs: A petition for certiorari may be allowed despite the availability of the remedy of appeal when:

1. Appeal does not constitute a speedy and adequate remedy;

2. Orders were issued either in excess of or without jurisdiction;
3. For certain special considerations as for public policy or public welfare;
4. Order is a patent nullity;
5. Decision in the certiorari case will avoid future litigation; or
6. In criminal actions, the court rejects rebuttal evidence for the prosecution as, in case of acquittal, there could
be no remedy (Regalado, 2010).

Certiorari is not a substitute for a lost appeal

The filing of a petition for certiorari as a substitute for a lost appeal is erroneous. Certiorari is not and cannot be
made a substitute for an appeal where the latter remedy is available but was lost through fault or negligence.

GR:
Certiorari is not available when the period for appeal has lapsed.

XPNs:

1. When public welfare and the advancement of public policy dictates;

2. When the broader interest of justice so requires;
3. When the writs issued are null and void
4. When the questioned order amounts to an oppressive exercise of judicial authority

Necessity for a motion for reconsideration

Except in some recognized situations, the filing of a motion for reconsideration is a condition sine qua non to
the filing of a petition for certiorari. The reason for this is to allow the court an opportunity to correct its
imputed errors.

SEC. 2. Petition for prohibition.—When the proceedings of any tribunal, corporation, board, officer or
person, whether exercising judicial, quasi-judicial or ministerial functions, are without or in excess of its or his
jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal
or any other plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may
file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be
rendered commanding the respondent to desist from further proceedings in the action or matter specified
therein, or otherwise granting such incidental reliefs as law and justice may require.
The petition shall likewise be accompanied by a certified true copy of the judgment, order or resolution
subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification
of non-forum shopping as provided in the third paragraph of section 3, Rule 46. (2a)
Requisites for a writ of prohibition
 a. the petition must be directed against a tribunal, corporation, board or person exercising judicial, quasi-
judicial, or ministerial functions;
b. the tribunal, corporation, board or person must have acted without or in excess of jurisdiction or with
grave abuse of discretion amounting to lack of jurisdiction;
c. there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law
d. like a petition for certiorari, the petition for prohibition shall be accompanied by a certified true copy of
the judgment or order subject of the petition, copies of all pleadings and documents relevant and
pertinent thereto, and a sworn certification of non-forum shopping as provided in Sec.3 of Rule 46.
Prohibition vs. Injunction
An injunction is directed against a party to the action. Prohibition is directed to the court or tribunal
directing it to refrain from the performance of acts which it has no jurisdiction to perform.

Certiorari Prohibition

Purpose is to annul the proceedings or order Preventive remedy. Its function is to restrain
issued by the lower tribunal. Corrective the doing of some act about to be done, it is not
remedy and operates on acts already intended to provide a remedy for acts already
consummated. accomplished.

A corporation cannot be made a respondent A corporation can be made a respondent.

because it is not exercising quasi-judicial
functions.

Exercising judicial or quasi-judicial functions Ministerial functions are included.

Directed to the action of the court which is Directed to the court itself to restrain it from
sught to be annulled. further proceeding with the case.

SEC. 3. Petition for mandamus.—When any tribunal, corporation, board, officer or person unlawfully
neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust, or
station, or unlawfully excludes another from the use and enjoyment of a right or office to which such other is
entitled, and there is no other plain, speedy and adequate remedy in the ordinary course of law, the person
aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying
that judgment be rendered commanding the respondent, immediately or at some other time to be specified by
the court, to do the act required to be done to protect the rights of the petitioner, and to pay the damages
sustained by the petitioner by reason of the wrongful acts of the respondent.
The petition shall also contain a sworn certification of non-forum shopping as provided in the third
paragraph of section 3, Rule 46. (3a)
What are the grounds for Mandamus?
The tribunal, board, officer or person…
a. unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting
from an office, trust or station; or
b. the said tribunal, etc., unlawfully excludes another from the use or enjoyment of a right or office to
which others are entitled.

Requisites for Mandamus:

 a. the plaintiff has a clear legal right to the act demanded. It will never be issued in doubtful cases.
(mandamus does not establish a legal right, but merely enforces one that is already clearly
established.)
b. it must be the duty of the defendant to perform the act because the same is mandated by law;
c. the defendant unlawfully neglects the performance of the duty enjoined by law;
d. the act to be performed is ministerial, not discretionary; and
e. there is no appeal or any other plain, speedy and adequate remedy in the ordinary course of law.

Mandamus
Its object is to compel an inferior tribunal to
comply with the function which the law
specifically prescribes as a duty.
Affirmative remedy for it commands that
something be done.
Prohibition
Its object is to prevent an inferior tribunal from
executing an act not within or in excess of its
jurisdiction.
Purely negative for it commands that
something be left undone.

What kind of duty may be compelled by mandamus? Ministerial 

Illustration: A case of forcible entry or unlawful detainer is filed with the RTC, you filed a motion to dismiss
alleging that the court has no jurisdiction, the court denied the motion saying that it has jurisdiction.
What petition under Rule65 will you resort to?
Answer: certiorari, because the court in denying your motion is acting without or in excess of jurisdiction;
prohibition, to prohibit the judge from trying the case; and Mandamus, to command the judge to dismiss the
case. It’s a petition for certiorari, prohibition and mandamus. Certiorari to correct the wrong order, prohibition
to stop him trying the case, and mandamus to compel him to dismiss the case.

Under sec.3, damages can be awarded in a petition for mandamus. “..and to pay the damages sustained by the
petitioner by reason of the wrongful acts of the respondent.”
SEC. 4. When and where petition filed.—The petition may be filed not later than sixty (60) days from
notice of the judgment, order or resolution. In case a motion for reconsideration or new trial is timely filed,
whether 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 Court or, if it relates to the acts or omissions of a lower court or
of a corporation, board, officer or person, in the Regional Trial Court exercising jurisdiction over the territorial
area as defined by the Supreme Court. It may also be filed in the Court of Appeals whether or not the same is
in aid of its appellate jurisdiction, 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, and unless otherwise provided by law or these rules,
the petition shall be filed in and cognizable only 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.
Effect of filing before the trial court a motion for new trial or reconsideration- it will suspend the running of the
60day period. When the motion is denied, you can still go on certiorari for the remaining period- but you are
guaranteed a period of 5days in any event reckoned from the denial.
The 60day period is extendible provided you cite a compelling reason because general rule is that no extension
of time to file petition shall be granted EXCEPT for the most compelling reasons and in no case will the
extension last more than 15days.
Courts which have jurisdiction to entertain petition for certiorari, prohibition and mandamus:
a. supreme court, within its original jurisdiction;
 b. court of appeals, whether or not the same is in aid of its appellate jurisdiction. (and according to the
law, if you are going to question an act or omission of a quasi-judicial agency, the petition shall be
filed in the CA. Certiorari from a judgment of NLRC CA)
c. RTC, exercising jurisdiction over the territorial area as defined by the SC, except if the case was
tried by the MTC under the summary rules of procedure
d. Sandiganbayan, pursuant to RA 8249
e. COMELEC

SEC. 5. Respondents and costs in certain cases—When the petition filed relates to the acts or omissions
of a judge, court, quasi-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 proceedings in the court; and it shall be the duty of such private respondents to
appear and defend, both in his or their own behalf and in behalf of the public respondent or respondents
affected by the proceedings, and the costs awarded in such proceedings in favor of the petitioner shall be
against the private respondents only, and not against the judge, court, quasi-judicial agency, tribunal,
corporation, board, officer or person impleaded as public respondent or respondents.
Unless otherwise specifically directed by the court where the petition is pending, the public respondents
shall not appear in or file an answer or comment to the petition or any pleading therein. If the case is elevated
to a higher court by either party, the public respondents shall be included therein as nominal parties. However,
unless otherwise specifically directed by the court, they shall not appear or participate in the proceedings
therein. (5a)
Private Respondent- your opponent who is benefited by the questioned order. And the (example) judge of the
court who issued the order should also be included as the public respondent. However, the judge is merely a
formal party. Not supposed to answer the petition unless the high court will direct him to make his comment
SEC. 6. Order to comment.- If the petition is sufficient in form and substance to justify such process, the
court shall issue an order requiring the respondent or respondents to comment on the petition within ten (10)
days from receipt of a copy thereof. Such order shall be served on the respondents in such manner as the court
may direct, together with a copy of the petition and any annexes thereto.
In petitions for certiorari before the Supreme Court and the Court of Appeals, the provisions of section 2,
Rule 56, shall be observed. Before giving due course thereto, the court may require the respondents to file their
comment to, and not a motion to dismiss, the petition. Thereafter, the court may require the filing of a reply
and such other responsive or other pleadings as it may deem necessary and proper. (6a)

SEC. 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. (7a)
SEC. 8. Proceedings after comment is filed.—After the comment or other pleadings required by the court
are filed, or the time for the filing thereof has expired, the court may hear the case or require the parties to
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 true, it shall render judgment for the relief
prayed for or to which the petitioner is entitled.
The court, however, may dismiss the petition if it finds the same to be patently without merit, prosecuted
manifestly for delay, or that the questions raised therein are too unsubstantial to require consideration. (8a)
 SEC. 9. Service and enforcement of order or judgment.—A certified copy of the judgment rendered in
accordance with the last preceding section shall be served upon the court, quasi-judicial agency, tribunal,
corporation, board, officer or person concerned in such manner as the court may direct, and disobedience
thereto shall be punished as contempt. An execution may issue for any damages or costs awarded in
accordance with section 1 of Rule 39. (9a)

Ordinary Judgment Special Judgment

Judgement which orders defendant to pay Judgment where a defendant is ordered to

money or to deliver property, real or personal. perform an act other than money or to deliver
property.

Cannot be enforced by contempt but by Non-compliance is punishable by contempt.

execution.

The kind of judgment under Rule 65 is a special judgment. Disobedience can be punished by contempt.
Damages can be awarded in certiorari, prohibition and mandamus.
ADDITIONAL NOTES from RIANO
 Certiorari is a remedy for the correction of errors of jurisdiction, not errors of judgment (remedy for this
is appeal).
 Petitions for certiorari, prohibition and mandamus are not available under the Rule on Summary
Procedure, in a petition for a writ of amparo and in a petition for a writ of habeas data. It is not also
available in small claims cases.
 If the complaint is dismissed with prejudice through a motion to dismiss, the normal remedy of the
plaintiff is to appea because the dismissal is final in character, not to file a petition for certiorari.
WHEN CERTIORARI IS AVAILABLE DESPITE THE LOSS OF APPEAL
a. Certiorari may still be invoked when appeal is lost without the appellant’s negligence;
b. When public welfare and the advancement of public policy dictates;
c. When the broader interest of justice so requires;
d. When the writs issued are null and void;
e. When the questioned order amount to an oppressive exercise of judicial authority.
 A quasi-judicial act refers to the acts of the public administrative officers or bodies required to
investigate facts or ascertain the existence of facts, hold hearings, and draw conclusions from them, as a
basis for their official actions, and to exercise discretion of a judicial nature.
o Must be clothed with power and authority to pass judgment or render a decision on the
controversy construing and applying the laws to that end
 A respondent is said to be exercising judicial functions where he has the power to determine what the
law is and what the legal rihts of the parties are, and then undertakes to determine these questions and
adjudicate upon the rights of the parties.
 Ministerial function is one which an officer or tribunal performs in the context of a given set of facts, in
a prescribed manner and without regard to the exercise of his own judgment upon the propeity or
impropriety of the act done.
  Mere abuse of discretion is not enough. It must be grave, as when it is exercised arbitrarily or
despotically by reason of passion or personal hostility- so patent and gross as to amount to an evasion of
positive duty or a virtual refusal to perform the duty enjoined by, or to act at all in contemplation of law.
o A judge gravely abuses his discretion when he extends by 20days the 72-hour restraining order
he initially issued because in no case shall the total period of effectivity of the TRO exceed
20days.
 Petition for certiorari shall be accompanied by (a) a certified true copy of the judgment, order or
resolution subject of the petition, (b) copies of all relevant pleadings and documents which are material
and pertinent to the petition, and (c) a sworn certification of non-forum shopping
 Under the material date rule, three material dates must be stated in the petition (a) the date when the
judgment or final order or resolution was received, (b) the date when a motion for new trial or a motion
for reconsideration when one was filed, and (c) the date when notice of the denial thereof was received.
COURT WHERE PETITION IS FILED
o If the petition relates to acts or omissions of a lower court or of a corporation, board, or officer
or person, then the petition shall be filed in the RTC exercising jurisdiction over the territorial
area as defined by the SC
o The petition may also be filed in the CA whether or not the same is in aid of its appellate
jurisdiction. If it involves the acts or omissions of a quasi-judicial agency, the petition shall be
filed in and cognizable only by the Court of Appeals, unless otherwise provided by law or by
the Rules of Court.
o The rule used to be that the petition may be filed in the Sandiganbayan WON in aid of its
appellate jurisdiction (A.M. No. 07-7-12-SC)
o In election cases involving an act or omission of a municipal or RTC, the petition shall be filed
exclusively with the COMELEC, in aid of its appellate jurisdiction.

Certiorari in Rule 64 Certiorari in Rule 65

Directed only to the judgments, finals orders or Directed to any tribunal, board or officer
resolutions of the COMELEC and COA exercising judicial or quasi-judicial functions

Filed within 30days from notice of the Filed within 60days from notice of judgment
judgment

The filing of a motion for recon or a motion for The period within which to file the petition if
new trial if allowed, interrupts the period for the motion for recon or new trial is denied, is
the filing of the petition for certiorari. If the sixty days from notice of the denial of the
motion is denied, the aggrieved party may file motion.
the petition within the remaining period, but
which shall not be less than 5days reckoned
from the notice of denial.

 The purpose of prohibition is to prevent an encroachment, excess, usurpation or assumption of

jurisdiction on the part of tribunal, corporation, board or officer. It is granted when it is necessary for
the orderly administration of justice, or prevent the use of the strong arm of the law in an oppressive or
vindictive manner, or multiplicity of actions.
  A SCA of prohibition is an original and independent action and not merely a continuation or a part of
the trial resulting in the rendition of the judgment or order complained of. It bears stressing that an
action for prohibition or certiorari, for that matter, does not divest the inferior or trial court of its
jurisdiction validly acquired over the case pending before it; it is merely an invocation for the exercise
of its supervisory power over the lower court to insure that the lower court acts within its jurisdiction.
 For a writ of mandamus to be issued, it is essential that petitioner should have a clear right to the thing
demanded and it must be the imperative duty of the respondent to perform the act required.
 The principal function mandamus is to command, not to inquire, expedite or to adjudicate.
 As a rule, mandamus requires the exhaustion of admin remedies available to the petitioner. Prior resort
to exhaustion of administrative remedies however, is not required where the questions are purely legal
or when the respondent is estopped from invoking the rule of exhaustion of admin remedies.
 Mandamus cannot be availed of as a remedy to enforce the performance of contractual obligations. It
was not intended to aid a plaintiff in the enforcement of a mere contract right, or to take place of the
other remedies provided by law for the adjudication of disputed claims.
Mandamus Injunction
SCA OCA
Directed against a tribunal, corp board, or Directed against a litigant
officer
Purpose is for the tribunal, corp board, or For the defendant either to refrain from an
officer to perform a ministerial and legal duty
act or to perform not necessarily a legal or
ministerial duty
To perform a positive legal duty and not to To prevent an act to maintain the status quo
undo what has been done between parties

Mandamus vs. quo warranto

In mandamus, the suit is brought against the person who is responsible for excluding the petitioner from
office. The respondent does not have to usurp, intrude into or hold the office. Quo warranto is brought
against the holder of the office, who is the person claiming the office as against the petitioner, not
necessarily the one who excludes the petitioner.

WRIT OF CONTINUING MANDAMUS/WRIT OF KALIKASAN

WRIT OF CONTINUING MANDAMUS

DEFINITION:

A Writ of Continuing Mandamus is a writ issued by a court in an environmental case directing any
agency or instrumentality of the government or officer thereof to perform an act or series of acts decreed by
final judgment which shall remain effective until judgment is fully satisfied.

WHEN COULD BE AVAILED?

1. The writ is available when an agency, instrumentality of the government, or officer thereof:
a. unlawfully neglects the performance of an act the law enjoins as a duty resulting from an office,
trust or station in connection with the enforcement or violation of environmental law or regulation
or a right therein; or
b. unlawfully excludes another from the use or enjoyment of such right.
 2. There must be a showing that there is no other plain, speedy and adequate remedy in the ordinary course
of law.

FORMS AND CONTENT OF THE PETITION

1. It should be verified.

2. It shall allege the facts with certainty.

3. Supporting evidence may be attached.

4. Specify that the petition concerns an environmental law, rule or regulation.

5. The prayer is that judgment be rendered commanding the respondent to do an act or series of acts until
the judgment is fully satisfied.
6. The prayer may include damages sustained by the petitioner by reason of the malicious neglect to
perform the duties of the respondent under the law, rules or regulations.
7. Sworn certification of non-forum shopping.

WRIT OF KALIKASAN
DEFINITION:

A Writ of Kalikasan is a remedy available to a natural or juridical person, entity authorized by law,
people’s organization, non-governmental organization, or any public interest group accredited by or registered
with any government agency on behalf of persons whose constitutional right to a balanced and healthful
ecology is violated, or threatened with violation by an unlawful act or omission of a public official or
employee, or private individual or entity without involving environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants in two or more cities or provinces.

ISSUANCE OF THE WRIT

1. The Court shall order the issuance of the writ and requiring the respondent to file a verified return;
2. The Writ shall be issued three (3) days from the filing of the petition if it is sufficient in form and
substance.

CONTENTS OF THE RETURN

1. All defenses to show that the respondent did not:
 a. violate;
b. threaten to violate;
c. allow the violation of any environmental law, rule or regulation; or
d. commit any act resulting to environmental damage.

2. Affidavit of witnesses, documentary evidence, scientific or other expert studies, and, if

possible object evidence.

All defenses not raised in the return shall deemed waived.

RELIEFS WHICH THE COURT MAY GRANT

1. Cease and desist from committing acts or neglecting performance;

2. Directing the respondent to protect, preserve, rehabilitate or restore the environment;

3. Directing the respondent to monitor strict compliance with the decision or order of the court;

4. Directing the respondent to make periodic reports on the execution of the final judgement;

5. Such other reliefs which relate to the right of the people to a balanced and healthful ecology or to the
protection, preservation, rehabilitation or restoration of the environment, except the award of damages
to individual petitioners.

SUMMARY: WRIT OF CONTINUING MANDAMUS V WRIT OF KALIKASAN

Writ of Continuing Writ of Kalikasan

Mandamus

Subject Matter Neglect or exclusion; law, Unlawful act or omission; life,

rule or right health or property PROHIBITE
D
PLEADINGS
Petitioner One who is personally Any person or
FOR
aggrieved representative/agent ENVIRONM
(PO/NGO/Public Interest Group) ENTAL
CASES
Respondent Government or officers Public or private entity or
individual a. counter
claim;
Action of the Court Expedite the proceeding; Expedite the proceeding; TEPO
TEPO b. cross-
claim;
Venue SC, CA, or RTC SC or CA c. third-
party
Docket Fees None None complaint;

d. reply
 PROHIBITED MOTIONS FOR ENVIRONMENTAL CASES

a. Motion to Dismiss;

b. Motion for Extension of time to file return;

c. Motion for Postponement;

d. Motion for a Bill of Particulars; and

e. Motion to declare the respondent in default