Short answer. If the petition is sufficient in form and substance, the court orders the respondent to comment within ten days from receipt of a copy; before giving due course, the court may require a comment rather than a motion to dismiss, and may later require a reply or other pleadings.

What the law says

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 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, Section 6 — Order to comment. Read the full provision →

A threshold check before anything else happens

As with other special civil actions under this rule, the court first checks whether the certiorari petition is sufficient in form and substance before requiring any response from the respondent. Only if it clears that threshold does the court issue an order directing the respondent to comment within ten days from receipt of a copy of the petition. A petition that fails this initial check may be dismissed outright, without the respondent ever being called upon to answer it. This threshold screening mirrors the same sufficiency check used for other special civil actions, so a petitioner should not assume that simply filing a certiorari petition automatically guarantees a comment order will follow.

How the order is served

That comment order is served on the respondents in whatever manner the court directs, and it must be accompanied by a copy of the petition itself along with any annexes, so the respondent has everything needed to respond meaningfully within the ten-day window. Requiring the full petition and its annexes to travel with the order means the respondent is not left guessing at what allegations it must actually address in the comment. Because the court directs the specific manner of service, the exact method used can vary from case to case, but its purpose remains constant: making sure the respondent actually receives what is needed to prepare a response.

Comment first, not a motion to dismiss

Before giving the petition due course, the court may specifically require the respondents to file a comment rather than a motion to dismiss, which keeps the focus on the merits of the petition instead of preliminary procedural skirmishing. After that, the court retains discretion to require a reply and any other responsive pleading it deems necessary and proper, so the exchange of pleadings does not necessarily end with a single comment.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.