A petition for certiorari under Rule 65 is a special civil action used to correct a tribunal, board, or officer that acted without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, when there is no appeal or any plain, speedy, and adequate remedy. It is not a substitute for a lost appeal and does not correct mere errors of judgment; it targets jurisdictional errors and grave abuse. The petition must generally be filed within 60 days from notice of the assailed order or resolution.
When a judge issues an order that seems not just wrong but arbitrary — a capricious refusal, an act beyond the court’s power — the remedy is often a petition for certiorari under Rule 65. It is one of the most used, and most misused, remedies in litigation.
What Certiorari Corrects
Rule 65 certiorari lies against any tribunal, board, or officer exercising judicial or quasi-judicial functions that acted:
- Without or in excess of jurisdiction — doing something it had no power to do; or
- With grave abuse of discretion amounting to lack or excess of jurisdiction — exercising power in a capricious, whimsical, arbitrary, or despotic manner, so gross as to amount to an evasion or refusal to perform a duty.
The phrase “grave abuse of discretion” is the heart of it. Not every error qualifies — the abuse must be grave, patent, and gross, not a mere mistake of law or fact.
Certiorari Is Not an Appeal
This is the distinction litigants most often get wrong. Certiorari corrects errors of jurisdiction; an appeal corrects errors of judgment. If a court had jurisdiction and simply ruled incorrectly on the law or the facts, the remedy is an appeal, not certiorari. Certiorari cannot be used as a substitute for a lost appeal — a party who let the appeal period lapse cannot revive the case through certiorari. It is available only when there is no appeal or other plain, speedy, and adequate remedy.
The 60-Day Deadline
Timing is strict. A petition for certiorari must be filed not later than sixty (60) days from notice of the judgment, order, or resolution assailed (or from notice of the denial of a motion for reconsideration, if one was filed). The 60-day period is generally non-extendible, and missing it is fatal. Because a motion for reconsideration before the lower court is usually a condition before certiorari (to give the court a chance to correct itself), the sequence and timing must be handled carefully.
Where It Is Filed
Certiorari follows the hierarchy of courts. Against a Regional Trial Court, it is generally filed with the Court of Appeals; against certain bodies, with the Court of Appeals or the Supreme Court as the law provides. Going straight to the Supreme Court without a compelling reason violates the principle of hierarchy and invites dismissal.
Certiorari Does Not Automatically Stop the Case
Filing a certiorari petition does not by itself interrupt the proceedings below; the petitioner usually must obtain a temporary restraining order or writ of preliminary injunction to halt the lower court while the petition is pending. Without one, the case can continue.
Practical Advice
- Use certiorari only for grave abuse of discretion or jurisdictional error — not to re-argue an ordinary adverse ruling, which is what an appeal is for.
- Watch the 60-day clock and, where required, file a motion for reconsideration first.
- Respect the hierarchy of courts, and seek injunctive relief if you need to stop the proceedings below.
Frequently Asked Questions
What is a petition for certiorari under Rule 65? A special civil action to correct a tribunal or officer that acted without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, when there is no appeal or other plain, speedy, and adequate remedy.
How is certiorari different from an appeal? Certiorari corrects errors of jurisdiction and grave abuse of discretion; an appeal corrects errors of judgment. If the court simply ruled wrongly on the law or facts, the remedy is appeal, not certiorari, which cannot substitute for a lost appeal.
What is the deadline for certiorari? Generally not later than 60 days from notice of the assailed order, or from denial of a motion for reconsideration. The period is generally non-extendible, and missing it is fatal.
Does filing certiorari stop the case below? Not automatically. The petitioner usually must obtain a temporary restraining order or preliminary injunction to halt the proceedings below while the petition is pending.
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 a judge or tribunal has acted with grave abuse of discretion in your case, our firm can assess whether certiorari is the right remedy. 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.