This case has been cited 1 times or more.
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2013-01-30 |
REYES, J. |
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| Nevertheless, there are exceptions to this rule, one of which is when the writ of execution varies the judgment.[35] Thus, in Shugo Noda & Co., Ltd. v. Court of Appeals,[36] the Court acknowledged that, in the past, it considered an appeal to be a proper remedy when it is perceived that the order varies, or may not be in consonance with, the essence of the judgment. In such case, considerations of justice and equity dictate that there be some remedy available to the aggrieved party.[37] Likewise, the Court, in the interest of equity or when justice demands, may interchangeably treat an appeal as a petition for certiorari under Rule 65 of the Revised Rules of Court, and vice versa.[38] | |||||