This case has been cited 3 times or more.
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2009-10-02 |
DEL CASTILLO, J. |
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| A basic requisite of the special civil action of certiorari, which is governed by Rule 65 of the Rules of Court, is that there is no appeal or any plain, speedy and adequate remedy in the ordinary course of law. Where appeal is available, certiorari generally does not lie. Certiorari cannot be used as a substitute for a lost or lapsed remedy of appeal.[19] | |||||
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2009-01-19 |
NACHURA, J. |
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| Immediately apparent is that the instant petition disregards the hierarchy of courts. While our original jurisdiction to issue extraordinary writs is not exclusive - it is shared with the Court of Appeals (CA) and the RTC - the choice of where to file the petition for certiorari is not left entirely to the party seeking the writ.[15] The principle of hierarchy of courts serves as a general determinant of the appropriate forum for the said petition. A becoming regard for judicial hierarchy most certainly indicates that petitions for the issuance of extraordinary writs against first-level courts should be filed with the RTC; and those against the latter, with the CA.[16] A direct recourse to this Court is warranted only where there are special and compelling reasons specifically alleged in the petition to justify such action.[17] As a court of last resort, this Court should not be burdened with the task of dealing with causes in the first instance.[18] This is necessary to prevent inordinate demands upon the Court's time and attention which are better devoted to matters within its exclusive jurisdiction, and to prevent the further over-crowding of the Court's docket.[19] | |||||
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2007-08-17 |
NACHURA, J. |
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| Even assuming, arguendo, that certiorari may lie, the Court still cannot grant the instant petition because it violates the principle of hierarchy of courts. The choice of where to file the petition for certiorari is not left to the party seeking the writ.[23] The hierarchy of courts serves as a general determinant of the appropriate forum for petitions for the extraordinary writs. A becoming regard for that judicial hierarchy most certainly indicates that petitions for the issuance of extraordinary writs against first level courts should be filed with the Regional Trial Court, and those against the latter, with the Court of Appeals.[24] This Court's original jurisdiction to issue extraordinary writs should be exercised only when absolutely necessary, or where serious and important reasons therefor exist.[25] | |||||