This case has been cited 1 times or more.
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2009-02-19 |
QUISUMBING, J. |
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| Time and again, we said that the special civil action for certiorari is not and cannot be made a substitute for the lost remedy of an appeal under Rule 45.[16] Here, as correctly pointed out by the Solicitor General, Hanjin failed to prove that it had no appeal or any other efficacious remedy against the decision of the Court of Appeals and the proper remedy of a party aggrieved is a petition for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure. As provided in Rule 45, decisions, final orders or resolutions of the Court of Appeals in any case, i.e., regardless of the nature of the action or proceedings involved, may be appealed to us by filing a petition for review on certiorari, which would be but a continuation of the appellate process over the original case. On the other hand, a special civil action under Rule 65 is an independent civil action based on the specific grounds therein provided and, as a general rule, cannot be availed of as a substitute for the lost remedy of appeal.[17] | |||||