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RAYMUNDO DE LA PAZ v. DOMINGO D. PANIS

This case has been cited 4 times or more.

2006-09-15
GARCIA, J.
xxx xxx xxx The special civil action of certiorari cannot be allowed when a party to a suit fails to appeal a judgment to the proper forum despite the availability of the remedy of appeal.[3] Certiorari is not and cannot be used as a substitute for appeal, where the latter remedy is available.[4] If any, the petitioner's proper recourse would have been to elevate the assailed CA decision to this Court via a petition for review under Rule 45 of the Rules of Court.
2000-06-30
YNARES-SANTIAGO, J.
Petitioner was thus constrained to file a Complaint for collection of sum of money with damages[4] against respondent-spouses. The Regional Trial Court of Pasig, Branch 151 rendered a decision on November 17, 1989 in favor of petitioner the dispositive portion of which reads: