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ILUMINADA DE GALA-SISON v. MANOLO L. MADDELA

This case has been cited 1 times or more.

2006-09-12
CHICO-NAZARIO, J.
Petitioner claims that a special civil action for certiorari is proper since appeal by certiorari under Rule 45 is limited only to questions of law. This is wrong. The writ of certiorari is proper to correct errors of jurisdiction committed by the lower court, or grave abuse of discretion which is tantamount to lack of jurisdiction. Where the error is not one of jurisdiction but an error of law or fact which is a mistake of judgment, appeal is the remedy.[7]