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CEBU WOMAN’S CLUB v. LORETO D. DE LA VICTORIA

This case has been cited 1 times or more.

2012-06-13
MENDOZA, J.
First, the allegation of grave abuse of discretion is misplaced, as this is an issue appropriate for a petition for certiorari under Rule 65, not a petition for review on certiorari under Rule 45. There is no question that grave abuse of discretion or errors of jurisdiction may be corrected only by the special civil action of certiorari. Such special remedy does not avail in instances of error of judgment which can be corrected by appeal or by a petition for review. Because the petitioners availed of the remedy under Rule 45, recourse to Rule 65 cannot be allowed either as an add-on or as a substitute for appeal.[29]