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[av_heading heading=’ ABOVE THE LAW ‘ tag=’h3′ style=’blockquote modern-quote’ size=’30’ subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=” av-medium-font-size-title=” av-small-font-size-title=” av-mini-font-size-title=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]
BY AYIN DREAM D. APLASCA
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ON MONDAY while I had coffee with a friend, we received an update that Mayor Jed Patrick Mabilog got served with a dismissal order issued by the Ombudsman.
The Ombudsman ordered the dismissal of Mayor Mabilog after he was found guilty of serious dishonesty for failing to sufficiently explain the increase of his net worth in a year by some P9 million.
According to Mayor Mabilog’s legal counsel, they would file a petition for certiorari under Rule 65 of the Revised Rules of Court, with a prayer for temporary restraining order (TRO) before the Court of Appeals (CA).
I’m will not give an opinion on the dismissal order for the Mayor. Rather, I will discuss the remedy he is about to file.
What is a petition for certiorari?
Certiorari is a special civil action under Rule 65. It is only available in cases when a tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess of 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.
It is not a mode of appeal, and cannot also be made as a substitute for appeal. It will not lie in cases where other remedies are available under the law.
The purpose of this is to keep inferior courts within the bounds of its jurisdiction or to prevent it from committing such grave abuse of discretion amounting to lack or excess of jurisdiction.
The petition should be filed not later than 60 days from notice of judgment, order or resolution. No extension to file the petition shall be granted except for compelling reason and in no case exceeding 15 days. The reason why the period is set is to avoid any unreasonable delay. Thus, it cannot be extended except for exceptional circumstances.
If petition relates to acts of Municipal Trial Court (MTC) or corporation or board or an officer or person, it should be filed with the appropriate Regional Trial Court (RTC). It may also be files with Court of Appeals (CA) or Sandiganbayan. If it involves a quasi-judicial agency, it should be filed with the CA unless otherwise provided by law.
It should be noted that the principal case is not interrupted by filing the said petition unless coupled with a TRO or writ of preliminary injunction.
Let us see the outcome of the mayor’s case. For now, the dismissal order is immediately executory.
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(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
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