RULE 65: Petition for Prohibition

Requisites
When the proceedings of any tribunal, corporation, board, officer or person, whether exercising judicial, quasi-judicial or ministerial functions, are without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction and; There is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law
PERSON AGGRIEVED WILL: file a verified petition in the proper court alleging the facts with certainty praying that judgment be rendered commanding the respondent to desist from further proceedings in the action or matter specified therein, or otherwise granting such incidental reliefs as law and justice may require. accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non-forum shopping as provided in the third paragraph of section 3, Rule 46.

Requirements

When to File

filed not later than sixty (60) days from notice of the judgment, order or resolution sought to be assailed in the Supreme Court If Motion for Reconsideration or new trial is timely filed then, the petition must be filed 60 days from the denial of the Motion for Reconsideration

Where to File Who are the Respondents

When to File Comment

RTC- if it relates to the acts or omissions of a lower court or of a corporation, board, officer or person provided it has jurisdiction over the territorial area CA- If it involves the acts or omissions of a quasi-judicial agency, and unless otherwise provided by law or these Rules CA & Sandiganbayan- in aid of the courts appellate jurisdiction

Private and Public Respondents The person or persons interested in sustaining the proceedings in the court

the court shall issue an order requiring the respondent or respondents to comment on the petition within ten (10) days from receipt of a copy thereof Such order shall be served on the respondents in such manner as the court may direct, together with a copy of the petition and any annexes thereto.

Expediting Proceeding; Injunctive Relief

Proceedings after Comment is filed Service and enforcement of order or judgment

The court may issue orders expediting the proceedings, and it may also grant a temporary restraining order or a writ of preliminary injunction for the preservation of the rights of the parties pending such proceedings The petition shall not interrupt the course of the principal case unless a temporary restraining order or a writ of preliminary injunction has been issued against the public respondent from further proceeding in the case.

the court may hear the case or require the parties to submit memoranda Grant Relief- after such hearing or submission of memoranda or the expiration of the period for the filing thereof the court finds that the allegations of the petition are true Dismiss- if it finds the same to be patently without merit, prosecuted manifestly for delay, or that the questions raised therein are too unsubstantial to require consideration.

certified copy of the judgment rendered in accordance with the last preceding section shall be served upon the court, quasi-judicial agency, tribunal, corporation, board, officer or person concerned in such manner as the court may direct, and disobedience thereto shall be punished as contempt An execution may issue for any damages or costs awarded in accordance with section 1 of Rule 39.