2. Appeals from Amparo cases 3. Appeals from Kalikasan cases 4. Appeals from Habeas Corpus cases 5. Criminal cases by notice of appeal Procedure for Rule 45
File a verified petition for review on certiorari, SC may dismiss or deny the petition[Sec. 5], or give which may include an application for a writ of Pay the corresponding docket due course to it[Sec. 8]. preliminary injunction or other provisional and other lawful fees to the remedies [Sec. 1]. COC of the SC and deposit the If the petition is given due course, the SC may Proof of service of a copy thereof on the lower amount of P500 for costs at require the elevation of the complete record of the case or specified parts thereof within 15 days from court concerned and on the adverse party shall be the time of the filing of the submitted together with the petition [Sec. 3]. notice [Sec. 8]. petition [Sec. 3]. Rule 45, Sec. 4 The Verified Petition shall contain:
1. Full names of the appealing party as the petitioner and the adverse party as respondent, without impleading the lower courts/judges thereof either as petitioners or respondents. 2. Material dates 3. A statement of the matters involved and the reasons or arguments relied on for the allowance of the petition. 4. Clearly legible duplicate original, or a certified true copy of the judgment or final order or resolution certified by the clerk of court a quo and the requisite number of plain copies thereof, and such material portions of the record as would support the petition. 5. Certificate of non-forum shopping. Rule 45, Sec. 5 Rule 45, Sec. 5 Rule 45, Sec. 6 RULE 45, SEC. 7 Pleadings and documents that may be required; sanctions
To determine whether the petition should be dismissed or denied pursuant to
Section 5 of this rule, or where the petition is given due course under Section 8 hereof, the Supreme Court may:
1. Require or allow the filing of pleadings, briefs, memoranda or documents as it
may deem necessary within such periods and under such conditions as it may consider appropriate.
2. Impose sanctions in the following cases:
a. Non-filing of such pleadings or documents.
b. Unauthorized filing of such pleadings or documents; or c. Non-compliance with the conditions therefor. (Rule 45, Sec. 7) CERTIORARI AS A MODE OF APPEAL CERTIORARI AS A SPECIAL CIVIL ACTION (RULE 45) (RULE 65)
A special civil action that is an original action and not a
Called petition for review on certiorari, is a mode of appeal, which is mode of appeal, and not a part of the appellate process but but a continuation of the appellate process over the original case. an independent action.
May be directed against an interlocutory order of the court or
Seeks to review final judgments or final orders. where no appeal or plain or speedy remedy available in the ordinary course of law.
As a rule, raises questions of jurisdiction because a tribunal,
board or officer exercising judicial or quasi-judicial functions As a rule, raises only questions of law. has acted without jurisdiction or in excess of jurisdiction or with grave abuse of discretion amounting to lack of jurisdiction
Filed not later than 60 days from notice of judgment, order or
Filed within 15 days from notice of judgment or final order appealed resolution sought to be assailed and in case a motion for from, or of the denial of petitioner’s motion for reconsideration or reconsideration or new trial is timely filed, whether such new trial. motion is required or not, the 60-day period is counted from notice of denial of said motion.
Extension of 30 days may be granted for justifiable reasons Extension no longer allowed CERTIORARI AS A MODE OF APPEAL CERTIORARI AS A SPECIAL CIVIL ACTION (RULE 45) (RULE 65)
Motion for reconsideration is a condition precedent, subject to
Does not require a prior motion for reconsideration exceptions.
Does not stay the judgment or order subject of the petition unless Stays the judgment appealed from enjoined or restrained
Parties are the original parties with the appealing party as the The tribunal, board, officer exercising judicial or quasi-judicial petitioner and the adverse party as the respondent without functions is impleaded as respondent. impleading the lower court or judge.
Filed only with the Supreme Court May be filed with the SC, CA, SB, or RTC
SC may deny the petition motu proprio on the ground that the Court may dismiss the petition outright on the ground that the appeal is without merit, or prosecuted manifestly for delay, or same is patently without merit, or prosecuted manifestly for delay, that the questions raised therein are too unsubstantial to or that the questions raised are too unsubstantial to require require consideration. consideration. When a Rule 65 petition is treated as a Rule 45 petition:
1. The rule is that the filing of a special civil action for certiorari under Rule 65, when the proper remedy should have been to file a petition for review on certiorari under Rule 45, merits the outright dismissal of the petition. (Indoyon, Jr. v CA, 693 SCRA 201, 208, March 12, 2013) 2. On several occasions, however, the Court has treated a petition for certiorari (Rule 65) as a petition for review on certiorari (Rule 45) when: a) the petition has been filed within the 15-day period reglementary period; b) public welfare and the advancement of public policy dictate such treatment; c) the broader interests of justice require such treatment; d) the writs issued were null and void; or e) the questioned decision or order amounts to an oppressive exercise of judicial authority (Dongon v. Rapid Movers and Forwarders Co., Inc., G.R. No. 163431, August 28, 2013) Thank You
