This case has been cited 3 times or more.
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2008-08-22 |
BRION, J. |
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| The respondents, for their part, claim that "the mere failure to specify in the decision the contentions of the appellant and the reason for refusing to believe them is not sufficient to hold the same contrary to the provisions of the law and the Constitution."[7] In support of the twin recourses they took, they cite Argel v. Court of Appeals[8] where this Court rejected the ground for objection similar to present petitioner's because "the special civil action for certiorari and the appeal did not involve the same issue." The respondents saw as ineffective the argument that the petition for certiorari prayed for the annulment of the entire Order of April 3, 2002 since the petition and the appeal were very specific on the portions of the Order that were being assailed. They pointed, too, to the decision in CA-G.R. SP No. 70349 which only passed upon the issues specified in the petition for certiorari, leaving untouched the issue that they chose to raise via an appeal. As their last point, the respondents claimed they saw no need to mention the pendency of the appeal in their non-forum shopping certification because the appeal dealt with an issue altogether different from the issues raised in the petition for certiorari, citing for this purpose the specific wordings of Section 5, Rule 7 of the Revised Rules of Court. | |||||
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2007-04-27 |
AUSTRIA-MARTINEZ, J. |
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| The Court agrees with the OBC that respondent is not guilty of forum shopping. Records show that respondent, as counsel for the heirs of the late Luz J. Henson, filed a special civil action docketed as CA-G.R. SP No. 70349 assailing the Order of March 12, 2002 appointing the accounting firm of Alba, Romeo and Co. as auditor; and, a regular appeal docketed as CA-G.R. SP No. 71488 assailing the Order of April 3, 2002, insofar as it directed the payment of commission to complainant. It is evident that there is identity of parties but different causes of action and reliefs sought. Hence, respondent is not guilty of forum shopping.[15] The Court likewise finds no fault on the part of respondent in executing an affidavit in support of the criminal complaint as held in the Santiago case. | |||||
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2006-02-13 |
CARPIO, J. |
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| The Court finds no grave abuse of discretion on the part of the appellate court in assuming jurisdiction over the case. The special civil action of certiorari is proper to correct errors of jurisdiction including the commission of grave abuse of discretion amounting to lack or excess of jurisdiction.[10] All the issues submitted for resolution in the Court of Appeals involve questions of law which are reviewable on certiorari.[11] | |||||