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Rule 65.

Section 3
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, 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 which 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.

Certiorari

Prohibition

Mandamus

Grounds
When any tribunal,
board, or officer
exercising judicial or
quasi-judicial functions
has acted:
a. Without or in excess
of jurisdiction
b. With grave abuse of
discretion amounting to
lack or excess of its or
his jurisdiction.

When the proceedings of any tribunal,


corporation, board, officer, or person,
whether exercising judicial, quasijudicial, or ministerial functions, are:
a. without or in excess of its or his
jurisdiction; or
b. With grave abuse of discretion
amounting to lack or excess of its or
his jurisdiction.ith grace

When any tribunal,


corporation, 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.

Purpose
To correct an act
performed by the
respondent

To prevent the commission or


carrying out of an act

To compel the
performance of the act
desired

Act sought to be Controlled


Discretionary Acts

Discretionary and
Ministerial Acts

Ministerial Acts

Petitioner
Aggrieved Party
Respondent
Those exercising judicial or
quasi-judicial functions

Those exercising judicial


and/or non-judicial
functions

Those exercising judicial


and/or non-judicial
functions

Form of Petition
-verified
- Alleging the facts with
certainty

- Verified

- Verified

- alleging the facts with


certainty

- alleging the facts with


certainty

- Prayer: that judgment can - Prayer: that judgment be


be rendered
rendered commanding the
annulling/modifying the
respondent to desist from
proceedings of such
further proceedings in the
tribunal, etc., and granting
action or in matter
such incidental reliefs as
specified therein, or
law and justice may require
otherwise granting such
incidental reliefs law and
justice may require
- Accompanied by a
- Accompanied by a
certified true copy of the
subject judgment, etc.,
certified true copy of the
copies of all relevant
subject judgment, etc.,
pleadings and documents,
copies of all relevant
and a certification of nonpleadings and documents,
forum shopping
and a certification of nonforum shopping

- Prayer: that judgment be


rendered commanding the
respondent, immediately or
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
damages sustained by the
petitioner by reason of the
wrongful acts of the
respondent.
- contains certificate of non
non forum shopping

Mandamus
-

GR: in the performance of an official duty or act involving discretion, such official
can only be directed by mandamus to act but not to act in one way or the other.
-

A mandamus will not prosper to compel a discretionary act.

Exception:
Gross abuse of discretion
Manifest injustice
Equivalent to denial of a settled right
No other plain, speedy, adequate remedy

Mandamus can only be availed by


the party who has direct legal
interest in the right sought to be
enforced. HOWEVER, if the question
is one of public right, it is sufficient to
show that the petitioner is a citizen.
(Tanada v. Tuvera)

Filing of Petition:
Rule 65 Sec 4
When filed:
a. Not later than 60 days from notice of
judgment/order/resolution
b. if a motion for reconsideration/new trial is filed, the 60
day period shall be counted from notice of denial of
motion
c. extension may be granted for compelling reasons, not
exceeding 15 days.

Where filed:
a. Supreme Court
b. Court of AppealsIf it involves the acts of a quasi-judicial agency, the petition
shall be filed only in the, unless otherwise provided by the
law or the rules
c. Regional Trial Court if it relates to acts / omissions of a
lower court / corporation / board / officer / person.
Sandiganbayan if it is in aid of its appellate jurisdiction

Order to Comment:
If the petition is sufficient in form and substance to justify and
substance to justify such process, the court shall issue an
order requiring the respondent to comment on the petition
within 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. Rule 65. Sec 6

Hearing or Memoranda.
Rule 65, Sec. 8
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 of require the parties to submit
memoranda.

Service of Judgment and Enforcement of Order of Judgment


A certified copy of the judgment rendered shall be served
upon the court, quasi-judicial agency, tribunal, corporation,
board, officer or person concerned in such a 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.

Rule 65, Section 7 provides for the issuance of a TRO and not only for a write of
temporary injunction, but such order shall be subject to the rules on the grounds and
duration thereof.
Mandamus

Injunction

Special Civil Action

Ordinary Civil Action

Directed against a tribunal, corporation


board or officer

Directed against a litigant

Purpose is for the tribunal, corporation,


board or officer to perform a ministerial
and legal duty.

Purpose is for the defendant to either


refrain from an act or to perform not
necessarily a legal and ministerial duty

Purpose is to perform a positive legal duty


and not to undo what has been done

Purpose is to prevent an act to maintain


the status quo between the parties