This case has been cited 2 times or more.
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2013-07-13 |
VELASCO JR., J. |
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| Respondent's Petition for Certiorari filed before the CA was not the proper remedy against the assailed Order of the RTC. Pursuant to Rule 65 of the Rules of Court, a special civil action for certiorari could only be availed of when a tribunal "acts in a capricious, whimsical, arbitrary or despotic manner in the exercise of [its] judgment as to be said to be equivalent to lack of jurisdiction"[26] or when it acted without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction; and if there is no appeal or other plain, speedy, and adequate remedy in the ordinary course of law.[27] | |||||
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2009-06-05 |
PERALTA, J. |
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| In their Reply (to Comment)[20] dated February 10, 2004, petitioners argued that they relied on the supposed professionalism of every member of the Bar. They also claimed that no amount of prodding would guarantee that the brief would be prepared and filed on time, as the lawyer concerned was negligent. According to them, if they made any mistake, it was their act of trusting their lawyer and not their failure to follow up the status of the case. It was also their contention that they should not be blamed for the fact that they had not secured the services of a counsel because they tried hard to convince lawyers to handle their case, but they seemed to believe that their case was hopeless. Finally, citing jurisprudence,[21] they state that procedural rules should be liberally construed in order to promote their object and assist the parties in obtaining just, speedy and inexpensive determination of every action or proceeding. | |||||