The remedy of certiorari under Rule 65 of the Rules of Court

 

A petition for certiorari is governed by Rule 65, Section 1 of the Rules of Court, which expressly states:

Section 1. Petition for certiorari. — When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal, board or officer, and granting such incidental reliefs as law and justice may require. (Emphasis supplied)

A writ of certiorari may be issued only for the correction of errors of jurisdiction or grave abuse of discretion amounting to lack or in excess of jurisdiction. The writ cannot be used for any other purpose, as its function is limited to keeping the inferior court within the bounds of its jurisdiction.

In jurisprudence, We ruled that the following elements must concur in order to avail of the remedy of certiorari under Rule 65 of the Rules of Court: (1) the writ is directed against a tribunal, a board or any officer exercising judicial or quasi-judicial functions; (2) such tribunal, board or officer has acted without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or in excess of jurisdiction; and (3) there is no appeal or any plain, speedy and adequate remedy in the ordinary course of law.

Grave abuse of discretion is defined in jurisprudence as such capricious and arbitrary exercise of judgment as equivalent, in the eyes of the law, to lack of jurisdiction.66 There is grave abuse of discretion where the power is exercised in an arbitrary or despotic manner by reason of passion, prejudice, or personal hostility amounting to an evasion of a positive duty, or a virtual refusal to perform the duty enjoined, or to act at all in contemplation of law. Through time, the meaning of grave abuse of discretion has been expanded to include any action do e contrary to the Constitution, the law, or jurisprudence.

[ G.R. No. 247463, April 17, 2024 ]

PEOPLE OF THE PHILIPPINES, PETITIONER, VS. HON. AMELIA A. FABROS­-CORPUZ, IN HER CAPACITY AS ACTING PRESIDING JUDGE OF RTC – MUNTINLUPA CITY, BRANCH 256, AND ANTHONY ARCHANGEL Y SY, RESPONDENTS.