Category Archives: Certiorari

The acts of a quasi-judicial officer like DOJ Secretary may be assailed by the aggrieved party via a petition for certiorari and enjoined

On March 3, 2000, then Secretary of Justice Artemio Tuquero (Secretary Tuquero) dismissed the PDI Staff’s Petition for Review of the Resolution of the City Prosecutor.[11]  Secretary Tuquero rejected the argument of therein petitioners that the complaint should be dismissed … Continue reading

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A judgment or final order or resolution of the COA may be brought by the aggrieved party to the Supreme Court on certiorari under Rule 65

To begin with, petitioner availed of the wrong remedy in filing a petition for review under Rule 45. Article IX-A, Section 7 of the Constitution provides that decisions, orders or rulings of the Commission on Audit may be brought to … Continue reading

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SC on petitions for certiorari under rule 65 and 45

The instant petition is a direct recourse to this Court from the assailed orders of the RTC. Notably, petitioners did not cite the rule under the Rules of Court by which the petition was filed. If the petition is to … Continue reading

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The COMELEC which has jurisdiction to take cognizance of an appeal from the decision of the RTC in election contests involving elective municipal officials has jurisdiction to issue a writ of certiorari in aid of its appellate jurisdiction

On July 12, 2010, petitioner filed an Omnibus Motion to: (1) Restore Protestee’s Standing in Court; (2) Motion for Reconsideration of the Order dated June 24, 2010; and (3) Suspend Proceedings Pending Resolution of Falsification Case Before the Law Department … Continue reading

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Exception to the rule that a motion for reconsideration is needed before a petition for certiorari under Rule 65

In general, a motion for reconsideration is needed before a petition for certiorari under Rule 65 can be resorted to.  However, the following have been recognized as exceptions[54] to the rule: “(a)  where the order is a patent nullity, as … Continue reading

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Ordinarily, certiorari as a special civil action will not lie unless a motion for reconsideration is first filed before the respondent tribunal, to allow it an opportunity to correct its assigned errors.[4] This rule, however, is not without exceptions.

Respondent Philex Mining seeks the dismissal of the petition on the ground that petitioner should have filed a motion for reconsideration giving the appellate court an opportunity to correct itself. Rule 65, §1 of the 1964 Rules of Court in … Continue reading

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Not all pleadings and parts of case records are required to be attached to the petition for certiorari

In Air Philippines Corporation v. Zamora, the Court clarified that not all pleadings and parts of case records are required to be attached to the petition; only those pleadings, parts of case records and documents which are material and pertinent, … Continue reading

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