This case has been cited 1 times or more.
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2016-01-20 |
JARDELEZA, J. |
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| The rest of petitioner's arguments are devoted to assailing the sheriffs levy of her properties. However, a petition for certiorari is not the proper remedy to question the sheriffs actions. The special civil action of certiorari is directed only against a tribunal, board or officer exercising judicial or quasi-judicial functions.[44] It is not available as a remedy for the correction of acts performed by a sheriff during the execution process, which acts are neither judicial nor quasi-judicial but are purely ministerial functions.[45] The more appropriate remedy would have been a petition for prohibition filed under Section 2 of Rule 65. Moreover, the matters being raised by the petitioner are factual in nature and, hence, not proper for this Court to resolve at the first instance. | |||||