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ATTY. ALFONSO PAA v. CA

This case has been cited 3 times or more.

	GR NO. 140150 2005-08-22	ASSOCIATION OF INTEGRATED SECURITY FORCE OF BISLIG -ALU v. CA CHICO-NAZARIO, J.
The general rule is that the remedy to obtain reversal or modification of judgment on the merits is appeal.[9] This is true even if the error, or one of the errors, ascribed to the court rendering the judgment is its lack of jurisdiction over the subject matter, or the exercise of power in excess thereof, or grave abuse of discretion in the findings of facts or of law set out in the decision.[10] Records, however, disclose that petitioner received the Decision of the Court of Appeals on 27 July 1999, consequently, it had 15 days from said date of receipt of assailed judgment, or until 11 August 1999, within which to file a petition for review on certiorari, the reglementary period prescribed by Rule 45 of the Rules of Court to avail of said action. On 24 September 1999, close to two months after said receipt, petitioner filed its petition for certiorari. Evidently, petitioner has lost its remedy of appeal. At this point, we re-echo the oft repeated injunction that the particular special civil action of certiorari will not lie as a remedy for lost appeal.[11]
	GR No. 142001 2005-07-14	MERLINDA MADRIAGA v. CA CHICO-NAZARIO, J.
It is settled that a special civil action for certiorari will not lie as a substitute for the lost remedy of appeal.[14] However, there are instances where the extraordinary remedy of certiorari may be resorted to despite availability of an appeal, such as when public welfare and the advancement of public policy dictates, or when the broader interests of justice so require, or when the writs issued are null, or when the questioned order amounts to an oppressive exercise of judicial authority.[15]
	GR NO. 141735 2005-06-08	SAPPARI K. SAWADJAAN v. CA CHICO-NAZARIO, J.
It is settled that a special civil action for certiorari will not lie as a substitute for the lost remedy of appeal,[37] and though there are instances[38] where the extraordinary remedy of certiorari may be resorted to despite the availability of an appeal,[39] we find no special reasons for making out an exception in this case.