SECTION 1, Article VIII of the 1987 Constitution says the judicial power vested in the Supreme Court and the lower courts includes their duty to determine whether there has been a “grave abuse of discretion amounting to lack or excess of jurisdiction” committed by any branch or instrumentality of the government.
An individual claiming grave abuse of discretion (GAD) may file against a person or entity either a Petition for Certiorari or a Petition for Prohibition pursuant to Rule 65 of the Rules of Court. Certiorari is filed against persons or entities exercising judicial and quasi-judicial functions, with the primary aim of annulling or nullifying the assailed proceedings.
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