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NAGKAHIUSANG MAMUMUO SA PICOP RESOURCES v. CA

This case has been cited 1 times or more.

2008-06-25
CARPIO MORALES, J.
In not granting imprimatur to this type of unorthodox strategy, the Court ruled, in a similar case,[31] that a party should not join both petitions in one pleading. A petition cannot be subsumed simultaneously under Rule 45 and Rule 65 of the Rules of Court, nor may it delegate upon the court the task of determining under which rule the petition should fall.[32] It is a firm judicial policy that the remedies of appeal and certiorari are mutually exclusive and not alternative or successive.[33]