file:cvpro_part_3_ic.htm

3. Certiorari

1. Requisites

(1) A tribunal, board or officer exercises
judicial or quasi-judicial function;

(2) It or s/he acts without or in excess of
jurisdiction or with grave abuse of discretion; and

(3) There is no appeal nor plain, speedy and
adequate remedy in the ordinary cause of law.

2. Terminology

(1) Without jurisdiction – absence of a legal
power to determine a case.

(2) Excess of jurisdiction – the court has
jurisdiction but fails to comply with the conditions prescribed for its
exercise.411

(3) Grave abuse of discretion – judicial power is
exercised capriciously, arbitrarily or despotically due to passion or personal
hostility.412

3. Certiorari
is not a proper remedy if appeal is available or it is lost through the fault
of the petitioner,413 except:

(1) appeal is not a speedy and adequate remedy;414

(2) order is issued without or in excess of
jurisdiction;415

(3) in consideration of public welfare and for
the advancement of public policy;416

(4) order is a patent nullity;417

(5) to avoid future litigation;418

(6) to avoid a miscarriage of justice;419

(7) in furtherance of the broader interest of
justice and equities.420

4. Before certiorari can be availed of, petitioner
should first file a motion for reconsideration of the challenged order,
resolution or decision,421 except in the following cases:

(1) in the interest of justice and public welfare
and advancement of public policy;422

(2) order was issued without or in excess of
jurisdiction;423

(3) order is a patent nullity424 as when petitioner’s right to due
process was denied in the lower court425
or petitioner has been unlawfully deprived of his right to appeal;426

(4) when relief is extremely urgent, there is no
more need to wait for the resolution of a motion for reconsideration;427

(5) when the questions raised and passed upon in
the lower court are the same as those to be passed upon in the certiorari
case;428 and

(6) question is purely of law.429

5. Requirements Regarding the Extrinsic Sufficiency
of the Petition

(1) it must be verified;430

(2) accompanied by a certificate of non-forum
shopping;431

(3) accompanied with certified true copy of the
judgment, order or resolution subject thereof, copies of all pleadings and
documents relevant and pertinent thereto;432

(4) proof of service pursuant to Rule 13, Section
1; and

(5) if not filed and served personally, then, it
should be accompanied by a written explanation why personal service was not
resorted to.433

6. Time to File

Within sixty (60) days from notice of decision, resolution or order sought
to be assailed, or from the denial of petitioner’s motion for reconsideration
or new trial filed in due time after judgment.434

7. Decisions

7.1 As a general rule, certiorari is not a
proper remedy to assail the order of the trial court denying a demurrer to
evidence in a civil case.435
Motion for reconsideration and, in case of denial, appeal, are the proper
remedy.