RULE 45

APPEAL BY CERTIORARI TO THE SUPREME COURT

Section 1. Filing of petition with Supreme Court.chanrobles virtual law library
A party desiring to appeal by certiorari from a judgment or final order or resolution of the Court
of Appeals, the Sandiganbayan, the Regional Trial Court or other courts whenever authorized
by law, may file with the Supreme Court a verified petition for review on certiorari. The petition
shall raise only questions of law which must be distinctly set forth.chanrobles virtual law library
Sec. 2. Time for filing; extension.chanrobles virtual law library
The petition shall be filed within fifteen (15) days from notice of the judgment or final order or
resolution appealed from, or of the denial of the petitioners motion for new trial or
reconsideration filed in due time after notice of the judgment. On motion duly filed and served,
with full payment of the docket and other lawful fees and the deposit for costs before the
expiration of the reglementary period, the Supreme Court may for justifiable reasons grant an
extension of thirty (30) days only within which to file the petition.chanrobles virtual law library
Sec. 3. Docket and other lawful fees; proof of service of petition.chanrobles virtual law library
Unless he has theretofore done so, the petitioner shall pay the corresponding docket and other
lawful fees to the clerk of court of the Supreme Court and deposit the amount of P500.00 for
costs at the time of the filing of the petition. Proof of service of a copy thereof on the lower
court concerned and on the adverse party shall be submitted together with the
petition.chanrobles virtual law library
Sec. 4. Contents of petition.chanrobles virtual law library
The petition shall be filed in eighteen (18) copies, with the original copy intended for the court
being indicated as such by the petitioner, and shall (a) state the full name of the appealing party
as the petitioner and the adverse party as respondent, without impleading the lower courts or
judges thereof either as petitioners or respondents; (b) indicate the material dates showing
when notice of the judgment or final order or resolution subject thereof was received, when a
motion for new trial or reconsideration, if any, was filed and when notice of the denial thereof
was received; (c) set forth concisely a statement of the matters involved, and the reasons or
arguments relied on for the allowance of the petition; (d) be accompanied by a clearly legible
duplicate original, or a certified true copy of the judgment or final order or resolution certified
by the clerk of court of the court a quo and the requisite number of plain copies thereof, and
such material portions of the record as would support the petition; and (e) contain a sworn
certification against forum shopping as provided in the last paragraph of section 2, Rule
42.chanrobles virtual law library
Sec. 5. Dismissal or denial of petition.chanrobles virtual law library
The failure of the petitioner to comply with any of the foregoing requirements regarding the
payment of the docket and other lawful fees, deposit for costs, proof of service of the petition,
and the contents of and the documents which should accompany the petition shall be sufficient
ground for the dismissal thereof.chanrobles virtual law library

The Supreme Court may on its own initiative deny the petition on the ground that the appeal is
without merit, or is prosecuted manifestly for delay, or that the questions raised therein are too
unsubstantial to require consideration.chanrobles virtual law library
Sec. 6. Review discretionary.chanrobles virtual law library
A review is not a matter of right, but of sound judicial discretion, and will be granted only when
there are special and important reasons therefor. The following, while neither controlling nor
fully measuring the courts discretion, indicate the character of the reasons which will be
considered:
(a) When the court a quo has decided a question of substance, not theretofore determined by
the Supreme Court, or has decided it in a way probably not in accord with law or with the
applicable decisions of the Supreme Court; or
(b) When the court a quo has so far departed from the accepted and usual course of judicial
proceedings, or so far sanctioned such departure by a lower court, as to call for an exercise of
the power of supervision.chanrobles virtual law library
Sec. 7. Pleadings and documents that may be required; sanctions.chanrobles virtual law library
For purposes of determining 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 require or allow the filing of such pleadings, briefs, memoranda or
documents as it may deem necessary within such periods and under such conditions as it may
consider appropriate, and impose the corresponding sanctions in case of non-filing or
unauthorized filing of such pleadings and documents or non-compliance with the conditions
therefor.chanrobles virtual law library
chan robles virtual law library
Sec. 8. Due course; elevation of records.chanrobles virtual law library
If the petition is given due course, the Supreme Court may require the elevation of the complete
record of the case or specified parts thereof within fifteen (15) days from notice.chanrobles
virtual law library
Sec. 9. Rule applicable to both civil and criminal cases.chanrobles virtual law library
The mode of appeal prescribed in this Rule shall be applicable to both civil and criminal cases,
except in criminal cases where the penalty imposed is death, reclusion perpetua or life
imprisonment.chanrobles virtual law library
RULE 65
CERTIORARI, PROHIBITION AND MANDAMUS
Section 1. Petition for certiorari.
When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted
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 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.
The petition shall be 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.
Sec. 2. Petition for prohibition.
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, a person
aggrieved thereby may file a verified petition in the proper court, alleging the facts with
certainty and 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.
The petition shall likewise be 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.
Sec. 3. Petition for mandamus.
When any tribunal, corporation, board, officer or person unlawfully neglects the performance of
an act which the law specifically enjoins as a duty resulting from an office, trust, or station, or
unlawfully excludes another from the use and enjoyment of a right or office to which such other
is entitled, and there is no other plain, speedy and adequate remedy in the ordinary course of
law, the person aggrieved thereby may file a verified petition in the proper court, alleging the
facts with certainty and praying that judgment be rendered commanding the respondent,
immediately or at some other time to be specified by the court, to do the act required to be done
to protect the rights of the petitioner, and to pay the damages sustained by the petitioner by
reason of the wrongful acts of the respondent.
The petition shall also contain a sworn certification of non-forum shopping as provided in the
third paragraph of section 3, Rule 46.
Sec. 4. Where petition filed.
The petition may be filed not later than sixty (60) days from notice of the judgment, order or
resolution sought to be assailed in the Supreme Court or, if it relates to the acts or omissions of
a lower court or of a corporation, board, officer or person, in the Regional Trial Court exercising
jurisdiction over the territorial area as defined by the Supreme Court. It may also be filed in the
Court of Appeals whether or not the same is in aid of its appellate jurisdiction, or in the
Sandiganbayan if it is in aid of its jurisdiction. If it involves the acts or omissions of a quasijudicial agency, and unless otherwise provided by law or these Rules, the petition shall be filed
in and cognizable only by the Court of Appeals.
Sec. 5. Respondents and costs in certain cases.
When the petition filed relates to the acts or omissions of a judge, court, quasi-judicial agency,
tribunal, corporation, board, officer or person, the petitioner shall join, as private respondent or

respondents with such public respondent or respondents, the person or persons interested in
sustaining the proceedings in the court; and it shall be the duty of such private respondents to
appear and defend, both in his or their own behalf and in behalf of the public respondent or
respondents affected by the proceedings, and the costs awarded in such proceedings in favor
of the petitioner shall be against the private respondents only, and not against the judge, court,
quasi-judicial agency, tribunal, corporation, board, officer or person impleaded as public
respondent or respondents.
Unless otherwise specifically directed by the court where the petition is pending, the public
respondents shall not appear in or file an answer or comment to the petition or any pleading
therein. If the case is elevated to a higher court by either party, the public respondents shall be
included therein as nominal parties. However, unless otherwise specifically directed by the
court, they shall not appear or participate in the proceedings therein.
Sec. 6. Order to comment.
If the petition is sufficient in form and substance to justify such process, 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.
In petitions for certiorari before the Supreme Court and the Court of Appeals, the provisions of
section 2, Rule 56, shall be observed. Before giving due course thereto, the court may require
the respondents to file their comment to, and not a motion to dismiss, the petition. Thereafter,
the court may require the filing of a reply and such other responsive or other pleadings as it
may deem necessary and proper.
Sec. 7. Expediting proceedings; injunctive relief.
The court in which the petition is filed 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.
Sec. 8. Proceedings after comment is filed.
After the comment or other pleadings required by the court are filed, or the time for the filing
thereof has expired, the court may hear the case or require the parties to submit memoranda. If
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, it shall render judgment for
the relief prayed for or to which the petitioner is entitled.
The court, however, may dismiss the petition 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.
Sec. 9. Service and enforcement of order or judgment.
A 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.

Closure of Business 9231

Sec. 6
"g) The Secretary, of Labor and Employment or his/her duly authorized representative may,
after due notice and hearing, order the closure of any business firm or establishment found to
have violated any of the provisions of this Act more than three (3) times. He/she shall likewise
order the immediate closure of such firm or establishment if:
"(1) The violation of any provision of this Act has resulted in the death, insanity or serious
physical injury of a child employed in such establishment; or
"(2) Such firm or establishment is engaged or employed in prostitution or in obscene or lewd
shows.
"h) In case of such closure, the employer shall be required to pay the employee(s) the
separation pay and other monetary benefits provided for by law."