This case has been cited 1 times or more.
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2005-06-08 |
TINGA, J. |
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| As correctly pointed out by the Office of the Solicitor General (OSG), however, in view of the nullity of the assailed Resolution, the Court may entertain the petition notwithstanding the failure of petitioner to appeal the Resolution to the Court of Appeals. If a decision is rendered without jurisdiction and therefore a nullity, the same may be attacked anytime.[22] While certiorari as a remedy may not be used as a substitute for an appeal, especially for a lost appeal, this rule should not be strictly enforced if the petition is genuinely meritorious.[23] The Court has given due course to petitions for certiorari although appeal is the proper remedy where the equities of the case warranted such action, mindful that dismissals based on technicalities are looked upon with disfavor.[24] | |||||