This video deals with the differences between certiorari under Rule 45 and Rule 65 of the Rules of Court.
For law students, the remedy of certiorari could be confusing because the term is used for different remedies under our Rules of Court. In this video, I would like to explain the difference between these two remedies.
I have identified 9 points of comparison:
1. What is the name of the remedy?
2. Is it an original action or an appellate procedure?
3. Is it a post-judgment remedy?
4. Which court has jurisdiction over the subject matter?
5. Who are the parties?
6. What is the goal?
7. What kind of error is sought to be corrected?
8. What is the period for filing the petition? and
9. What is the effect of the petition on the judgment or order issued by the lower court or tribunal while the petition is pending?
Let's now discuss the differences between these two based on these points of comparison.
1. What is the name of the remedy?
The remedy under Rule 45 of the Rules of Court is called "appeal by certiorari", also known as "petition for review on certiorari".
The remedy under Rule 65 is called "petition for certiorari."
In this video, we will refer to the first as a "Rule 45 petition" and to the second as "Rule 65 petition."
2. Is it an original action or an appellate procedure?
A Rule 45 petition is an appellate procedure while a Rule 65 petition is filed as an original special civil action, as a general rule.
A Rule 65 petition becomes an appellate procedure only with respect to decisions, final orders or resolutions of the Commission on Election or Commission on Audit, in relation to Rule 64 of the Rules of Court.
3. Is it a post-judgment remedy?
The remedy under Rule 45 of the Rules of Court is called "appeal by certiorari", also known as "petition for review on certiorari".
The remedy under Rule 65 is called "petition for certiorari."
In this video, we will refer to the first as a "Rule 45 petition" and to the second as "Rule 65 petition."
2. Is it an original action or an appellate procedure?
A Rule 45 petition is an appellate procedure while a Rule 65 petition is filed as an original special civil action, as a general rule.
A Rule 65 petition becomes an appellate procedure only with respect to decisions, final orders or resolutions of the Commission on Election or Commission on Audit, in relation to Rule 64 of the Rules of Court.
3. Is it a post-judgment remedy?
This question is related to number 2. A Rule 45 petition is a post-judgment remedy. As for Rule 65, as a general rule, it is an original action. As an exception, it becomes a post-judgment remedy when it questions the decision, final order or resolution of the COMELEC or COA in relation to Rule 64 of the Rules of Court."
4. Which court has jurisdiction over the subject matter?
The Supreme Court has appellate jurisdiction over a Rule 45 petition.
As for a Rule 65 petition, there is concurrent jurisdiction among the Regional Trial Court, Court of Appeals, Supreme Court.
The Sandiganbayan and the COMELEC en banc have jurisdiction over Rule 65 petitions in aid of their appellate jurisdiction.
5. Who are the parties?
For Rule 45 petitions, the parties are the same as the parties in the court that rendered the decision, and whose decision is the subject of the appeal. The appealing party is designated as petitioner while the adverse party is designated as respondent. The lower court or judge is NOT impleaded as a party.
For Rule 65 petitions, the party bringing the petition is the petitioner. The respondents are the party who is interested in sustaining the proceedings in question together with the lower court, judge, tribunal or officer who shall be included as nominal parties.
4. Which court has jurisdiction over the subject matter?
The Supreme Court has appellate jurisdiction over a Rule 45 petition.
As for a Rule 65 petition, there is concurrent jurisdiction among the Regional Trial Court, Court of Appeals, Supreme Court.
The Sandiganbayan and the COMELEC en banc have jurisdiction over Rule 65 petitions in aid of their appellate jurisdiction.
5. Who are the parties?
For Rule 45 petitions, the parties are the same as the parties in the court that rendered the decision, and whose decision is the subject of the appeal. The appealing party is designated as petitioner while the adverse party is designated as respondent. The lower court or judge is NOT impleaded as a party.
For Rule 65 petitions, the party bringing the petition is the petitioner. The respondents are the party who is interested in sustaining the proceedings in question together with the lower court, judge, tribunal or officer who shall be included as nominal parties.
6. What is the goal?
For Rule 45, the goal is to review, reverse or modify the decision of the lower tribunal.
For Rule 65, the goal is to annul or modify the proceedings in question and to grant such incidental reliefs as law and justice may require.
7. What kind of error is sought to be corrected? What are the grounds for bringing the petition?
Rule 45 petitions seek to correct errors of law.
Rule 65 petitions seek to correct errors of jurisdiction, the ground that the lower court, tribunal, board or officer acted without jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction.
8. What is the period for filing the petition?
Rule 45 petitions are filed within the 15-day appeal period, meaning that they are filed within 15 days from notice of the judgment or final order appealed from.
Rule 65 petitions are filed within 60 days from notice of the judgment, order or resolution, as a general rule.
If filed against final orders, judgments or resolutions of the COMELEC or COA, the period is within 30 days from notice.
9. What is the effect of the petition on the judgment or order issued by the lower court or tribunal while the petition is pending?
For Rule 45 petitions, since this is an appellate procedure, the judgment of the lower court is stayed.
For Rule 65 petitions, the judgment of the lower court is not stayed unless the Supreme Court issues a temporary restraining order or writ of preliminary injunction. In other words, the judgment or order in question may become final even while the Rule 65 petition is pending if there is no TRO or writ of preliminary injunction.
For Rule 45, the goal is to review, reverse or modify the decision of the lower tribunal.
For Rule 65, the goal is to annul or modify the proceedings in question and to grant such incidental reliefs as law and justice may require.
7. What kind of error is sought to be corrected? What are the grounds for bringing the petition?
Rule 45 petitions seek to correct errors of law.
Rule 65 petitions seek to correct errors of jurisdiction, the ground that the lower court, tribunal, board or officer acted without jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction.
8. What is the period for filing the petition?
Rule 45 petitions are filed within the 15-day appeal period, meaning that they are filed within 15 days from notice of the judgment or final order appealed from.
Rule 65 petitions are filed within 60 days from notice of the judgment, order or resolution, as a general rule.
If filed against final orders, judgments or resolutions of the COMELEC or COA, the period is within 30 days from notice.
9. What is the effect of the petition on the judgment or order issued by the lower court or tribunal while the petition is pending?
For Rule 45 petitions, since this is an appellate procedure, the judgment of the lower court is stayed.
For Rule 65 petitions, the judgment of the lower court is not stayed unless the Supreme Court issues a temporary restraining order or writ of preliminary injunction. In other words, the judgment or order in question may become final even while the Rule 65 petition is pending if there is no TRO or writ of preliminary injunction.
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