Script On Jurisdiction - Rule67

RECAP - Rule 67 - PROVREM
Nature and Purpose
We define Prohibition as a writ by which a superior court prevents the inferior courts, a corporation, board or
persons from usurping or exercising, a jurisdiction or a prower with which they have not been vested by law.
(Matuguina Integrated vs. CA)
It is a legal remedy that prevents the unlawful and oppressive exercise of legal authority and provides for a fair and
orderly administration of justice. It is directed against the proceedings that are done without or in excess of
jurisdiction, or with grave abuse of discretion, there being no appeal or other plain, speedy and adequate remedy in
the ordinary course of law. (vergara vs. rugue)
Functions of prohibition are

1. to prevent or restrain usurpation by inferior tribunals and to compel them to observe the limitation of their
jurisdiction
2. it is a preventive remedy
3. it is not intended to provide a remedy for acts already accomplished
Objective/purpose of prohibition
1. to prevent encroachment, excess, usurpation or assumption of jurisdiction on the part of an inferior court or
tribunal
2. it also aimed to maintain the orderly administration of justice or
3. to prevent the use of strong arm of the law in an oppressive or vindictive manner or a multiplicity of suits.
In order to avail this preventive remedy petitioner must comply the following requisites:
REQUISITES:
1. It must be directed against a tribunal, corporation, board or person exercising functions, judicial or
ministerial;
2. The tribunal, corporation, board or person has acted without or in excess of its jurisdiction, or with grave
abuse of discretion;
3. There is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law.
4. The requirements must also include: a. certified true copy of the judgment; b. verified petition; and c. certification
of non-forum shopping
We also distinguish declaratory relief from prohibition according to:

PROHIBITION VS CERTIORARI
Prohibition Certiorari
As to what they may be directed it is directed not only against a is directed against the acts of
to. respondent exercising judicial or respondents performing judicial or
quasi-judicial functions but also quasi-judicial functions
even against one exercising
ministerial functions
As to who the writs are directed. it is directed against the tribunal is directed against the action of
itself commanding it to desist from the court which is sought to be
further proceeding with the case annulled
Lastly, as to their purpose; the purpose is to command the purpose is to annul or modify the
respondent to desist from further Judgment, order, resolution or
proceedings proceedings of the public
respondent.
1. Where do we will file the petition? Which court has jurisdiction to issue the writ of prohibition?
2. (RECAP) Finally, we determined which court has the jurisdiction to issue the writ of prohibition.
JURISDICTION - Filing of petition requires observance of the doctrine of hierarchy of courts

According to the Principle of Judicial Hierarchy also known as “The Doctrine of Hierarchy of Courts” the General Rule:
the case or petition must be filed with the lowest court possible having the appropriate jurisdiction.
There are however Exceptions as when The Supreme Court may disregard hierarchy of courts. That is if warranted by
the following reasons:
1. Where special and important reasons are present,

2. When dictated by public welfare and policy,
3. When demanded by interest of justice,
4. Where the challenged orders are patent nullities,
5. Where compelling circumstances warrant, and
6. Where genuine issues of constitutionality must be immediately addressed. [1 Riano 44-45, 2016 Bantam Ed]
As mentioned the filing of the petition requires observance of the doctrine of hierarchy of courts. For instance,
while the Supreme Court, Court of Appeals, and Regional Trial Court have original concurrent jurisdiction to
issue writ of prohibition, if what is assailed relates to acts or omissions of a lower court or of a corporation,
board, officer or person, the petition must be filed in the Regional Trial Court exercising jurisdiction over the
territorial area as defined by the Court.
This jurisprudence was manifested in the case of Land Bank of the Philippines V. Atlanta Industries.

Script On Jurisdiction - Rule67

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RECAP - Rule 67 - PROVREM

Nature and Purpose

Functions of prohibition are

We also distinguish declaratory relief from prohibition according to:

JURISDICTION - Filing of petition requires observance of the doctrine of hierarchy of courts

1. Where special and important reasons are present,

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