Rule 45 and Rule 65 are two of the most commonly confused remedies, but they are fundamentally different. Rule 45 is a petition for review on certiorari — a mode of appeal to the Supreme Court from a final judgment, which raises only questions of law and must be filed within fifteen (15) days. It is the continuation of the original case. Rule 65 is a special civil action for certiorari — an original action (not an appeal) against 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 other plain, speedy, and adequate remedy; it is filed within sixty (60) days and is generally used against interlocutory orders or where appeal is unavailable. Crucially, Rule 65 is not a substitute for a lost appeal: if a party had the remedy of appeal (Rule 45) and let it lapse, they cannot resurrect it through Rule 65. The core distinction is that Rule 45 corrects errors of judgment, while Rule 65 corrects errors of jurisdiction or grave abuse of discretion.
Few things confuse litigants (and even lawyers) more than Rule 45 versus Rule 65. They sound similar and both mention “certiorari,” but they are entirely different remedies.
Rule 45: Appeal by Certiorari
Rule 45 is a petition for review on certiorari — a mode of appeal to the Supreme Court from a final judgment. Key features:
- It raises only questions of law;
- It is filed within fifteen (15) days; and
- It is a continuation of the original case — the ordinary way to elevate a case to the Supreme Court.
Rule 65: Special Civil Action for Certiorari
Rule 65 is a special civil action for certiorari — an original action, not an appeal. It lies against a tribunal, board, or officer that:
- Acted without or in excess of jurisdiction; or
- Acted 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 filed within sixty (60) days, and is generally used against interlocutory orders or where appeal is unavailable.
The Core Distinction
The heart of the difference:
- Rule 45 corrects errors of judgment — the court had jurisdiction but may have ruled wrongly on the law; while
- Rule 65 corrects errors of jurisdiction or grave abuse of discretion — the tribunal acted capriciously, whimsically, or beyond its power.
Rule 65 Is NOT a Substitute for a Lost Appeal
A frequent fatal mistake: using Rule 65 to revive a lost appeal. If a party had the remedy of appeal (Rule 45) and let the period lapse, they generally cannot resurrect it through Rule 65. Certiorari is not a device to make up for a missed or wrong appeal. The availability of appeal generally bars certiorari.
Grave Abuse of Discretion Is a High Bar
“Grave abuse of discretion” is not mere error. It means such a capricious and whimsical exercise of judgment as to be equivalent to lack of jurisdiction — a patent and gross abuse, an arbitrary or despotic exercise of power. A mere mistake of law or fact is corrected by appeal, not certiorari.
Practical Takeaways
- Rule 45 is an appeal to the Supreme Court on questions of law, filed in 15 days, correcting errors of judgment;
- Rule 65 is an original special civil action for grave abuse of discretion / lack of jurisdiction, filed in 60 days, when there is no appeal;
- Rule 65 cannot substitute for a lost appeal — and grave abuse of discretion is a high bar, not mere error.
Frequently Asked Questions
What is the difference between Rule 45 and Rule 65? Rule 45 is an appeal by certiorari to the Supreme Court on questions of law, correcting errors of judgment. Rule 65 is an original special civil action for grave abuse of discretion or lack of jurisdiction, correcting errors of jurisdiction, not an appeal.
Can I use Rule 65 if I missed my appeal? Generally no. Rule 65 is not a substitute for a lost appeal. If you had the remedy of appeal under Rule 45 and let the period lapse, you cannot resurrect it through Rule 65. The availability of appeal generally bars certiorari.
What is grave abuse of discretion? Such a capricious and whimsical exercise of judgment as to be equivalent to lack of jurisdiction, a patent and gross or arbitrary abuse of power. A mere mistake of law or fact is corrected by appeal, not certiorari.
What are the filing periods for Rule 45 and Rule 65? A Rule 45 petition for review on certiorari is filed within fifteen days. A Rule 65 special civil action for certiorari is filed within sixty days.
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.