This case has been cited 1 times or more.
|
2010-02-02 |
CARPIO, J. |
||||
| The appellate court correctly ruled that the petition for certiorari was not the proper remedy. A writ of certiorari lies only for an error of jurisdiction. It can be availed of only if the lower tribunal has acted without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and if there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law.[19] Where the error is not one of jurisdiction but an error of law or fact which is a mistake of judgment, certiorari is not available.[20] In such case, the remedy is appeal. | |||||