This document discusses the requirements for a petition for certiorari under Rule 65 of the Rules of Court. A petition for certiorari can only be filed to correct errors of jurisdiction or grave abuse of discretion amounting to lack or excess of jurisdiction by the inferior court. There are three requirements for a petition for certiorari: 1) it must be directed at a tribunal, board, or officer exercising judicial or quasi-judicial functions, 2) that entity must have acted without or in excess of jurisdiction or with grave abuse of discretion, and 3) there must be no other appeal or adequate remedy available. Consequently, if the wrong mode of appeal is used, the present petition should be dismissed according to Supreme Court Circ
This document discusses the requirements for a petition for certiorari under Rule 65 of the Rules of Court. A petition for certiorari can only be filed to correct errors of jurisdiction or grave abuse of discretion amounting to lack or excess of jurisdiction by the inferior court. There are three requirements for a petition for certiorari: 1) it must be directed at a tribunal, board, or officer exercising judicial or quasi-judicial functions, 2) that entity must have acted without or in excess of jurisdiction or with grave abuse of discretion, and 3) there must be no other appeal or adequate remedy available. Consequently, if the wrong mode of appeal is used, the present petition should be dismissed according to Supreme Court Circ
This document discusses the requirements for a petition for certiorari under Rule 65 of the Rules of Court. A petition for certiorari can only be filed to correct errors of jurisdiction or grave abuse of discretion amounting to lack or excess of jurisdiction by the inferior court. There are three requirements for a petition for certiorari: 1) it must be directed at a tribunal, board, or officer exercising judicial or quasi-judicial functions, 2) that entity must have acted without or in excess of jurisdiction or with grave abuse of discretion, and 3) there must be no other appeal or adequate remedy available. Consequently, if the wrong mode of appeal is used, the present petition should be dismissed according to Supreme Court Circ
A petition for certiorar under Rule 65 of the Rules of Court is a pleading limited to
correction of errors of jurisdiction or grave abuse of discretion amounting to lack or exess
of jurisdiction. Its principal office is to keep the inferior court within the parameters of its jurisdiction or to prevent it from committing such a grave abuse of discretion amounting to lack or excess of jurisdiction. It may issue only when the following reuirements are alleged in and established by the petition: (1) that the writ is directed agaisnt a tribunal, a board or any officer exercising judicial or quasi-judicial functions; (2) that such tribunal, board or officer has acted withotu or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction; and (3) that there is no appeal or any plain, speedy and adequate remedy in the ordianry course of law.1 Consequently, for having taken the wrong mode of appeal, the present petition should be dismissed in accordance with Supreme Court Circular No. 2-90 which mandates that: 4. Erroneous Appeals An appeal taken to either the Supreme Court or the Court of Appeals by the worng or inappropriate mode shall be dismissed.
1 Deferina Lopez Tan vs. Sps. Apolinar P. Antazo and Genoveva O. Antazo, G.R. No. 187208, 23 February 2011.