Certiorari (Rule 45)

Certiorari (Rule 65)

1. Mode of Appeal, it is but a continuation of 1. Special Civil Action, which is an original the appellate process over the original case. and independent civil action. 2. Seeks to review final judgments or final 2. May be directed against an interlocutory order. order or matter where no appeal may be taken from. 3. aises only questions of law a rule. 3. aises questions of jurisdiction because a tribunal, board or officer e!ercising judicial or "uasi#judicial functions has acted w/o jurisdiction or in excess of jurisdiction or with grave abuse of discretion amounting to lack of jurisdiction.

$. %iled w&in 15 days from notice of judgment $. %iled not later than 60 days from notice of or final order appealed from. judgment, order or resolution sought to be assailed and in case a motion for reconsideration or new trial is timely filed, whether such motion is re"uired or not, the '( day period shall be counted from notice of denial of said motion. ). *oes not re"uire a prior motion for ). e"uires as a general rule, prior motion for reconsideration reconsideration. '. Stays the judgment appealed from. '. *oes not stay the judgment&order subject of the petition unless enjoined or restrained.

+. ,arties are original parties with the +. -he tribunal, board, officer e!ercising appealing party as the petitioner and the judicial or "uasi#judicial functions is impleaded adverse party as respondent without as respondent. impleading the lower court or its judge. .. Filed with the Supreme Court. .. %iled with the Regional rial Court, or Court of Appeals or Sandiganbayan or the Supreme Court.