This case has been cited 2 times or more.
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2008-06-17 |
QUISUMBING, J. |
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| Our perusal of the petition filed before the Court of Appeals clearly shows that it is a petition for review under Rule 42, and not a special civil action for certiorari under Rule 65. We note that in the Court of Appeals' petition, under the heading "Nature of the Petition," petitioner stated that it was a "petition for review on certiorari to set aside, invalidate and reverse the Decision dated December 14, 2001 of public respondent Judge Victor T. Llamas, Jr."[18] Also, the reversal sought was premised on the ground that the decision was issued in gross error. The statement under the heading "Nature of the Petition" that the trial courts' decisions were issued with grave abuse of discretion amounting to lack of jurisdiction, and even the caption impleading the lower courts, would not automatically bring the petition within the coverage of Rule 65. It is hornbook doctrine that it is not the caption of the pleading but the allegations therein that determine the nature of the action.[19] | |||||
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2005-06-15 |
SANDOVAL-GUTIERREZ, J. |
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| Petitioner's act manifests insensibility to the welfare of respondent and his family. Obviously, his transfer to Malabon City will be prejudicial to them economically and emotionally. Indeed, , petitioner's action is in defiance of basic due process and fair play in employment relations.[27] | |||||