This case has been cited 1 times or more.
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2011-12-13 |
REYES, J. |
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| Thus, jurisprudence is replete with the pronouncement that where appeal is available to the aggrieved party, the special civil action of certiorari will not be entertained - remedies of appeal and certiorari are mutually exclusive, not alternative or successive.[23] The proper remedy of the party aggrieved by a decision of the CA is a petition for review under Rule 45, which is not identical with a petition under Rule 65. Under Rule 45, decisions, final orders or resolutions of the CA in any case, i.e., regardless of the nature of the action or proceedings involved, may be appealed to us by filing a petition for review, which would be but a continuation of the appellate process over the original case. On the other hand, a special civil action under Rule 65 is an independent action based on the specific ground therein provided and, as a general rule, cannot be availed of as a substitute for the lost remedy of an ordinary appeal, including that to be taken under Rule 45.[24] One of the requisites of certiorari is that there is no available appeal or any plain, speedy and adequate remedy. Where an appeal was available, as in this case, certiorari will not prosper even if the ground therefor is grave abuse of discretion.[25] | |||||