This case has been cited 3 times or more.
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2009-06-09 |
CORONA, J. |
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| It is settled that an original action for certiorari is an independent action and is neither a continuation nor a part of the trial resulting in the judgment complained of.[26] It does not interrupt the course of the original action if there was no writ of injunction, even if in connection with a pending case in a lower court.[27] Section 7, Rule 65 of the Rules of Court is explicit:SEC. 7. Expediting proceedings; injunctive relief. - The court in which the petition is filed may issue orders expediting the proceedings, and it may also grant a temporary restraining order or a writ of preliminary injunction for the preservation of the rights of the parties pending such proceedings. The petition shall not interrupt the course of the principal case unless a temporary restraining order or a writ of preliminary injunction has been issued against the public respondent from further proceeding on the case. (emphasis supplied) | |||||
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2000-04-12 |
QUISUMBING, J. |
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| At the outset, it must be noted that the surety in this case filed a special civil action for certiorari with prayer for a temporary restraining order and/or preliminary injunction with the Court of Appeals. It questioned the propriety of the order of execution pending appeal and the subsequent writ of execution issued pursuant thereto. A special civil action for certiorari under Rule 65 is an original action, independent from the principal action, and not a part or continuation of the trial which resulted in the rendition of the judgment complained of.[30] It does not interrupt the course of the principal action nor the running of the reglementary periods involved in the proceedings, unless an application for a restraining order or a writ of preliminary injunction to the appellate court is granted,[31] as in the present case. It is not a mode of appeal where the appellate court reviews the errors of fact or law committed by the lower court. The issue in a special civil action for certiorari is whether the lower court acted without or in excess of jurisdiction or with grave abuse of discretion.[32] | |||||