1. Requisites (Rule 128, Secs. 3–4)

Requisites for Prohibition

• Respondent inferior court, tribunal, corporation, board, officer, or other person is exercising judicial, quasi-judicial, or ministerial functions;
• Respondent acted without or in excess of jurisdiction, or acted with grave abuse of discretion; and
• There must be no appeal or other plain, speedy, and adequate remedy. (Carlito Montes v. CA, G.R. No. 143797, 2006)

Requisites of affidavits:

• Based on personal knowledge;
• Set forth facts as would be admissible in evidence;
• Show affirmatively that the affiant is competent to testify to the matters stated therein.

Requisites of a Holographic Will

• Entirely Written by the Hand of the Testator
• Entirely Dated by the Hand of the Testator

General Rule: Refers to the day, month, and year of the will’s execution.

Exception: When the only issue in question is whether the will was properly dated, and the due execution of the will was genuinely admitted. (Roxas v. De Jesus G.R. No. L-38338, 1985)

• Entirely Signed by the Hand of the Testator
• Executed in a Language or Dialect known to the Testator