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C. Court of Appeals


When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess its or his 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, 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. (Section 1, Rule 65, Rules of Court)

A special civil action for certiorari is an original civil action and not an appeal. An appeal aims to correct errors in judgment and rectify errors in the appreciation of facts and law which a lower court may have committed in the proper exercise of its jurisdiction. A special civil action for certiorari, on the other hand, is used to correct errors in jurisdiction. We have defined an error in jurisdiction as “one where the officer or tribunal acted without or in excess of its jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction.”


All Rule 65 petitions of NLRC decisions/resolutions should be initially filed in the Court of Appeals in strict observance of the doctrine on the hierarchy of courts as the appropriate forum for the relief desired. (St. Martin Funeral Home v. NLRC, Aricayos, G.R. No. 130866, 16 September 1998)


1) NLRC decision/resolution

2) DOLE Secretary’s decision/resolution

NB: From the DOLE Secretary’s decision/resolution, recourse may either be: (a) a special civil action under Rule 65 to the Court of Appeals; or (b) an appeal to the Office of the President under Administrative Order No. 22, Series of 2011. The recourse is concurrent, and not mutually exclusive.

3) Office of the President decision/resolution

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