This case has been cited 2 times or more.
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2010-03-09 |
BERSAMIN, J. |
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| The CA did not err in treating the petition for certiorari as a petition for review. There are precedents in that regard. In Department of Education v. Cuanan,[11] this Court ruled that the petition for certiorari filed by therein respondent Cuanan with the CA within the 15-day reglementary period for filing a petition for review could be treated as a petition for review, for that would be in accord with the liberal spirit pervading the Rules of Court and in the interest of substantial justice. The Court had occasion to expound on the exceptions to the rule that a recourse to a petition for certiorari under Rule 65 rendered the petition dismissible for being the wrong remedy, thus: The remedy of an aggrieved party from a resolution issued by the CSC is to file a petition for review thereof under Rule 43 of the Rules of Court within fifteen days from notice of the resolution. Recourse to a petition for certiorari under Rule 65 renders the petition dismissible for being the wrong remedy. Nonetheless, there are exceptions to this rule, to wit: (a) when public welfare and the advancement of public policy dictates; (b) when the broader interest of justice so requires; (c) when the writs issued are null and void; or (d) when the questioned order amounts to an oppressive exercise of judicial authority. As will be shown forthwith, exception (c) applies to the present case. | |||||
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2010-02-17 |
CORONA, J. |
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| In this case, petitioner did not file a petition for reconsideration of the CSC resolution dated November 29, 2005 before filing a petition for review in the CA. Such fatal procedural lapse on petitioner's part allowed the CSC resolution dated November 29, 2005 to become final and executory.[17] Hence, for all intents and purposes, the CSC resolution dated November 29, 2005 has become immutable and can no longer be amended or modified.[18] A final and definitive judgment can no longer be changed, revised, amended or reversed.[19] Thus, in praying for the reversal of the assailed Court of Appeals decision which affirmed the final and executory CSC resolution dated November 29, 2005, petitioner would want the Court to reverse a final and executory judgment and disregard the doctrine of immutability of final judgments. | |||||