Jurisdiction

- It is the authority by which courts and judicial officers take cognizance of and decide
cases.
- It is the legal right by which judges exercise their authority.

Writ of mandamus

- to compel a judge to issue a writ of execution when the judgment had already become
final and executory and the prevailing party is entitled to the same as a matter of right.
Writ of prohibition

- is a writ directing a subordinate to stop doing something the law prohibits

- This writ is often issued by a superior court to the lower court asking it not to proceed
with a case which does not fall under its jurisdiction. These Writs are issued as "alternative"
or "peremptory".
Writ of Certiorari
Petition for review under Rule 45
Section 1, Rule 45 of the Rules of Court dictates that:

SECTION 1. Filing of petition with Supreme Court. – 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.
Certiorari under rule 65

Rule 65, a party may only avail himself of the special remedy of certiorari under the following
circumstances:

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, nor 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.

Contrasting the two remedies, a petition for review is a mode of appeal, while a special civil
action for certiorari is an extraordinary process for the correction of errors of jurisdiction. It is
basic remedial law that the two remedies are distinct, mutually exclusive, and antithetical.
Writ of Habeas Corpus
- it commands an individual or a government official who has restrained another
individual to produce the prisoner at a designated time and place so that the Court
can determine whether the prisoner's custody is legal or not.
- If it isn't, then the prisoner must be released. In other words, the writ is a safeguard against
warrantless arrests and illegal detention.
Quo Warranto
RULES OF COURT Rule 66, Sec. 5
- A quo warranto proceeding is the proper legal remedy to determine the right or title to
the contested public office and to oust the holder from its enjoyment.
- It is brought against the person who is alleged to have usurped, intruded into, or
unlawfully held or exercised the public office and
 - may be commenced by the Solicitor General or a public prosecutor, as the case may
be, or by any person claiming to be entitled to the public office or position usurped or
unlawfully held or exercised by another.

Subparagraph (1) of the third paragraph and subparagraph 4 of the fourth paragraph of
Section 17 of the Judiciary Act of 1948:

In the following cases, the Supreme Court shall exercise original and concurrent jurisdiction
with RTC:

(1) In petitions for the issuance of writs of certiorari, prohibition, mandamus, quo warranto, and
habeas corpus;
The Supreme Court shall have exclusive jurisdiction to review, revise, reverse, modify or affirm
on appeal, certiorari or writ of error, as the law or rules of court may provide, final judgment
and decrees of inferior courts as herein provided, in:

(4) All criminal cases involving offenses for which the penalty imposed is death or life
imprisonment; and those involving other offenses which, although not so punished, arose out
of the same occurrence or which may have been committed by the accused on the same
occasion, as that giving rise to the more serious offense, regardless of whether the accused
are charged as principals, accomplices, or accessories, or whether they have been tried
jointly or separately;