Appeal and the special civil action of certiorari under Rule 65 are two distinct remedies that are often confused, and choosing the wrong one can be fatal to a case. An appeal is the ordinary remedy to review and correct errors of judgment, that is, errors a court may commit in the exercise of its jurisdiction, whether errors of fact or of law, in arriving at its decision; an appeal continues the original case and asks a higher court to review the merits. Certiorari under Rule 65, by contrast, is an extraordinary remedy to correct errors of jurisdiction, it lies against a tribunal, board, or officer exercising judicial or quasi-judicial functions that has acted without or in excess of its 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. The crucial differences are: appeal corrects errors of judgment; certiorari corrects errors of jurisdiction or grave abuse of discretion. Grave abuse of discretion means a capricious, whimsical, arbitrary, or despotic exercise of judgment, equivalent to lack of jurisdiction, not a mere error in appreciating facts or law. A key rule is that certiorari is NOT a substitute for a lost appeal: a party who fails to appeal within the period, and whose case involves errors of judgment, cannot use certiorari to revive the lost remedy; certiorari is available only where there is no appeal or other adequate remedy, and it is not meant to correct mere errors of judgment. As to timing, an appeal is filed within the reglementary period (generally fifteen days), while a petition for certiorari under Rule 65 is filed within sixty days from notice of the assailed judgment, order, or resolution. Choosing the correct remedy, and observing the period, is essential; a wrong choice usually leads to dismissal. So an appeal reviews errors of judgment on the merits, while certiorari corrects jurisdictional errors or grave abuse of discretion, and it cannot substitute for a lost appeal.
Two Distinct Remedies
An appeal corrects errors of judgment (of fact or law) made within jurisdiction, reviewing the merits. Certiorari (Rule 65) corrects errors of jurisdiction or grave abuse of discretion.
The Crucial Difference
Appeal = errors of judgment. Certiorari = the court acted without/in excess of jurisdiction, or with grave abuse of discretion (a capricious, whimsical, arbitrary exercise equivalent to lack of jurisdiction), where there is no appeal or adequate remedy.
Certiorari Is Not a Substitute for a Lost Appeal
A party who lost the chance to appeal cannot use certiorari to revive it for mere errors of judgment. Timing: appeal within ~15 days; certiorari within 60 days. A wrong choice usually leads to dismissal.
Practical Takeaways
- Appeal for errors of judgment; certiorari for jurisdiction/grave abuse;
- Certiorari cannot revive a lost appeal;
- Watch the periods — 15 days (appeal) vs. 60 days (certiorari).
Frequently Asked Questions
What is the difference between an appeal and certiorari? An appeal corrects errors of judgment, whether of fact or law, made by a court within its jurisdiction. Certiorari under Rule 65 corrects errors of jurisdiction or grave abuse of discretion amounting to lack or excess of jurisdiction.
What is grave abuse of discretion? A capricious, whimsical, arbitrary, or despotic exercise of judgment equivalent to lack of jurisdiction, not a mere error in appreciating the facts or the law. It is the ground for certiorari under Rule 65.
Can I use certiorari if I missed the appeal period? Generally no. Certiorari is not a substitute for a lost appeal. It is available only where there is no appeal or other plain, speedy, and adequate remedy, and it does not correct mere errors of judgment.
What are the periods for appeal and certiorari? An appeal is generally filed within fifteen days, while a petition for certiorari under Rule 65 is filed within sixty days from notice of the assailed judgment, order, or resolution.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.