Procedure in cases of defaults caused by fraud, accident, or mistake.
SEC. 513. Procedure in cases of defaults caused by fraud, accident, or mistake. — When a judgment is rendered by a Court of First Instance upon default, and a party thereto is unjustly deprived of a hearing by fraud, accident, mistake, or excusable negligence, and the Court of First Instance which rendered the judgment has finally adjourned so that no adequate remedy exists in that court, the party so deprived of a hearing may present his petition to the Supreme Court within sixty days after he first learns of the rendition of such judgment, and not thereafter, setting forth the facts and praying to have such judgment set aside. The court shall summarily on notice to both parties hear such petition, upon oral or written testimony as it shall direct, and the judgment shall be set aside and a trial upon the merits granted, upon such terms as may be just, if the facts set forth in the complaint are found to be true, otherwise the complaint shall be dismissed with costs.
If a trial on the merits is granted, the order shall forthwith be certified to the Court of First Instance. Pending such petition, any judge of the Supreme Court for cause shown, may order a suspension of further proceedings to enforce the judgment complained of, upon taking sufficient security from the petitioner for all costs and damages that may be awarded against him in case the petition is dismissed.
Procedure in certiorari.
SEC. 514. Procedure in certiorari. — The Supreme Court shall have concurrent jurisdiction with the Court of First Instance in certiorari proceedings over any other inferior tribunal, board, or officer exercising judicial functions that has exceeded the jurisdiction of such tribunal, board, or officer and where there is no appeal or any plain, speedy, or adequate remedy; and shall likewise have original jurisdiction by certiorari proceedings over the proceedings of Courts of First Instance wherever said courts have exceeded their jurisdiction, and there is no plain, speedy, and adequate remedy by bill of exceptions, or appeal, or otherwise. The proceedings of the Supreme Court in certiorari proceedings shall be the same as those provided for such proceedings for Courts of First Instance in sections two hundred and seventeen, two hundred and eighteen, two hundred and nineteen, two hundred and twenty, and two hundred and twenty-one.
Procedure in mandamus.
SEC. 515. Procedure in mandamus. — The Supreme Court shall have concurrent jurisdiction with the Courts of First Instance in all cases where an inferior tribunal, corporation, board, or person unlawfully neglects the performance of an act which the law specially enjoins as a duty resulting from an office of trust or station, or unlawfully excludes the plaintiff from the use and enjoyment of a right or office to which he is entitled, and from which he is unlawfully excluded by such inferior tribunal, corporation, board, or person, and also shall have original jurisdiction over Courts of First Instance and judges thereof wherever said court of judge unlawfully neglects the performance of a duty which the law specifically or specially enjoins as a duty imposed upon such court or judge. The procedure of the Supreme Court in mandamus proceedings shall be the same as those provided for mandate in sections two hundred and twenty-two, two hundred and twenty-three, two hundred twenty-four, and two hundred twenty-five of this Code.
Prohibition.
SEC. 516. Prohibition. — The Supreme Court shall have concurrent jurisdiction with Courts of First Instance over inferior tribunals, corporations, boards, or persons, whether exercising functions judicial or ministerial, which are without or in excess of the jurisdiction of such tribunal, corporation, board, or person, and also have original jurisdiction over Courts of First Instance when such Courts are exercising functions without or in excess of their jurisdiction. The proceedings of the Supreme Court in prohibition shall be the same as those provided for prohibition in sections two hundred and twenty-six, two hundred and twenty-seven, and two hundred and twenty-eight of this Code.
Preliminary injunction in certiorari, mandate, and prohibition proceedings.
SEC. 517. Preliminary injunction in certiorari, mandate, and prohibition proceedings. — In certiorari, mandamus, and prohibition proceedings an injunction may be granted by any judge of the Supreme Court, if in his judgment such injunction is necessary for the preservation of the rights of the parties, pending litigation.
Expediting such proceedings.
SEC. 518. Expediting such proceedings. — The court may, in its discretion, make such orders as it deems necessary for expediting proceedings in petitions for certiorari, mandamus, or prohibition proceedings. If the court is not in session, any judge of the Supreme Court may make such orders in vacation.
Quo Warranto.
SEC. 519. Quo Warranto. — The Supreme Court shall have concurrent jurisdiction with Courts of First Instance over actions brought by reason of the usurpation of a public civil office, or franchise, or an office in a corporation created by authority of the Government of the Philippine Islands; and over public civil officers who do or suffer an act which by the provisions of law works a forfeiture of their offices, and over associations of persons who act as a corporation within the Philippine Islands, without being legally incorporated, or without lawful authority to do so; and over corporations that have offended against a provision of an Act of their creation or renewal, or an Act altering or amending such Act, and when they have forfeited their privileges and franchise by a nonuser, and when they have committed or omitted an Act which amounts to a surrender of their corporate rights, privileges, or franchises, or when they have misused a franchise, privilege, or right conferred upon them by law, or when they have exercised a franchise, privilege, or right in contravention of law. Its proceedings in the exercise of this original jurisdiction shall be in accordance with the provisions of sections one hundred and ninety-seven, one hundred and ninety-eight, one hundred and ninety-nine, two hundred, two hundred and one, two hundred and two; two hundred and three, two hundred and four, two hundred and five, two hundred and six, two hundred and seven, two hundred and eight, two hundred and nine, two hundred and ten, two hundred and twelve, two hundred and thirteen, two hundred and fourteen, two hundred and fifteen, and two hundred and sixteen of this Code.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
