This case has been cited 2 times or more.
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2016-01-20 |
JARDELEZA, J. |
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| A petition for certiorari before a higher court will generally not prosper unless the inferior court has been given, through a motion for reconsideration, a chance to correct the errors imputed to it. This is because a motion for reconsideration is the plain, speedy, and adequate remedy in the ordinary course of law alluded to in Section 1, Rule 65 of the 1997 Rules of Civil Procedure.[31] A motion for reconsideration is required in order to grant the lower court an opportunity to correct any actual or perceived error attributed to it by the re-examination of the legal and factual circumstances of the case.[32] Contrary to the CA's findings, however, Spouses Espinosa already complied with this requirement. Their motion to stay execution is, in fact, a motion for reconsideration of the RTC order dated April 12, 2007 which granted Jovero's motion for execution pending appeal. | |||||
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2006-02-27 |
CALLEJO, SR., J. |
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| In his Comment,[14] respondent denied the allegations against him. While he admitted that he filed Civil Case No. C-19928 as counsel for the plaintiff therein, he claimed that it was not filed with malicious intent. Moreover, while the new case involved the same party, it was for a different cause of action and relief, and, as such, the principle of res judicata did not apply. He further explained that the complaint in Civil Case No. C-14542 was for declaratory relief or reformation of instrument, while Civil Case No. 19928 was for annulment of title. He accepted the case based on "his professional appreciation that his client had a good case." | |||||