This case has been cited 2 times or more.
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2015-07-01 |
BERSAMIN, J. |
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| It is clear that the CA promulgated the assailed decision in the exercise of its appellate jurisdiction to review and pass upon the DARAB 's adjudication by of the petitioner's appeal of the PARAD's ruling. As such, his only proper recourse from such decision of the CA was to further appeal to the Court by petition for review on certiorari under Rule 45 of the Rules of Court.[17] Despite his allegation of grave abuse of discretion against the CA, he could not come to the Court by special civil action for certiorari. The remedies of appeal and certiorari were mutually exclusive, for the special civil action for certiorari, being an extraordinary remedy, is available only if there is no appeal, or other plain, speedy and adequate remedy in the ordinary course of law.[18] In certiorari, only errors of jurisdiction are to be addressed by the higher court, such that a review of the facts and evidence is not done; but, in appeal, the superior court corrects errors of judgment, and in so doing reviews issues of fact and law to cure errors in the appreciation and evaluation of the evidence.[19] Based on such distinctions, certiorari cannot be a substitute for a lost appeal. | |||||
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2012-07-25 |
REYES, J. |
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| This petition does not allege a mistrial and the sole challenge posed by Tee and the OSG against the validity of the CA's disposition is the latter's supposed misappreciation of the evidence, which is an error of judgment and not of jurisdiction or a manifestation of grave abuse of discretion, hence, not correctible by a writ of certiorari.[13] | |||||