| Rule 45 | Rule 65 |
|---|---|
| It is a mode of appeal: A continuation of the appellate process over the original case | It is a special civil action: An original action and not a mode of appeal |
| Intended to review final judgments or orders of the lower court | May be directed against an interlocutory order of the court or where no appeal or plain or speedy remedy is available in the ordinary course of law |
| Only pure questions of law can be raised | Raises the question of jurisdiction – where the tribunal, body, board, or officer exercising judicial or quasi-judicial functions acted with grave abuse of discretion amounting to lack or excess of jurisdiction (GADALEJ) |
| Filing: within 15 days from notice of judgment or final order appealed from | Filing: within 60 days from notice of judgment or final order or resolution being assailed |
| Does not require a Motion for Reconsideration process | MR is a condition precedent for filing the petition, subject to exceptional circumstances |
| Extension of 30 days may be granted under justifiable grounds | Extension may only be granted under exceptional grounds |
| Stays the judgment appealed from | Does not stay the judgment or order unless enjoined/restrained |
| Parties: original parties | Parties: The tribunal, board, or officer, exercising judicial or quasi-judicial functions is impleaded as respondent |
| Review by the SC is discretionary and will be granted only when there are special or important reasons [Sec. 6, Rule 45] | Review by the SC is discretionary and will be granted only when there are special or important reasons [Sec. 6, Rule 45] |