00:24:01 – 00:29:30

So the cause of action there is the right to collect the unpaid loan, for instance. But, in certiorari,
your cause of action is the grave abuse of discretion committed by the court.

So we repeat, class ah, there is no litis pendentia there. So, what you are going to state in your
certificate is the fact that there is a related case. A related case involving the same plaintiff and the
same defendant, under Civil Case No. __ pending before Branch __ of Court __.

Wag niyong kakalimutan ‘yan, class, ah. A petition for certiorari must be accompanied likewise
by a certificate against forum shopping and verification.

Class, you cannot afford to disregard Rule 65. This is one of the more common remedies. When
you go to practice, let’s say next year or two years from now, chances are you will be encountering
a petition for certiorari. I hope you will remember all of these things. These are not empty words.
They are not lifeless. Certiorari petitions are, in fact, very common in all the courts of the land.

Wag kayong malilito class, ah. It’s not a continuation, strictly speaking, although it is related to an
existing case. There is an existing case, a prior case, but out of that case, an order was issued. And
you are assailing that order via a petition for certiorari.

Before I end on certiorari, there is another thing that I must emphasize.

Q. What is the effect of the filing of a petition of certiorari on the existing case?
It has no effect, unless the superior court which took cognizance of the petition for certiorari
issues a temporary restraining order or a writ of preliminary injunction. So, walang effect yun.
Kasi nga independent yung certiorari. It can exist independently of the existing case.

However, the only effect that it can bring is when it issues an injunctive writ. And this is the
ultimate effect, because this is the ultimate goal of a petition for certiorari – to reverse, to set
aside, or to annul the assailed judgment or order.

So we always end our decision a certiorari petition if it is granted, in the following manner:

“WHEREFORE, premises considered, the petition for certiorari is hereby granted. The
judgment dated __ is hereby annulled and set aside.”

So, it becomes, in the eyes of the law, totally non-existent.

Okay, prohibition, now. The other writ under your Rule 65.

Your prohibition is intended to stop the respondent – the tribunal, board, etc.

Q. But when we were taking up injunction, that, too, is the main function of your writ of
injunction, correct? But why was it that the same was not termed prohibition? Eh, pareho
lang naman ang gagawin niyan, right?
Well, in your injunction, the one that is enjoined is a private litigant. Your prohibition, on the
other hand, is not necessarily a litigant. It is intended to make the latter stay within its
jurisdiction. Kailangan diyan ka lang. Hindi ka lalampas. Kasi kung lalampas ka, iyan ay grave
abuse of discretion. But, what we are asking now is a writ called prohibition in order to make
you stay within the sphere of authority.

Now, your petition for the issuance of a writ of prohibition could be a main action. It is a main
action. And it could be accompanied by a provisional remedy.

Q. Let’s review: Ano nga ulit yung mga provisional remedies natin?
Preliminary attachment, preliminary injunction, receivership, replevin, alimony or support
pendete lite, deposit, freeze order, IO, WTO, TEPO, BPO, stay order.