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TEOFISTO I. VERCELES v. MARIA CLARISSA POSADA

This case has been cited 1 times or more.

2007-09-14
NACHURA, J.
In determining the nature of an action, it is not the caption but the averments of the petition and the character of the relief sought that are controlling.[12] Considering that petitioner charges the CA with acting in grave abuse of discretion, the petition should properly be treated as a special civil action for certiorari under Rule 65 of the Rules of Court.[13]