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ROSITA L. FLAMINIANO a.k.a. ROSE FLAMINIANO v. ARSENIO P. ADRIANO

This case has been cited 3 times or more.

2012-06-13
PERALTA, J.
In G.R. No. 201418, petitioners Tanggulang Demokrasya (Tan Dem), Inc., Evelyn L. Kilayko, Teresita D. Baltazar, Pilar L. Calderon and Elita T. Montilla pray that the Court annul Resolution No. 9376 and the March 30, 2012 Deed of Sale, and prohibit the Comelec and Smartmatic-TIM from implementing the same; and declare said Resolution and Deed of Sale invalid for having been issued and executed by the Comelec with grave abuse of discretion and for violating the provisions of R.A. 9184.[25]
2009-07-31
QUISUMBING, J.
By express provision of law, the judgment of the court in a summary proceeding shall be immediately final and executory. As a matter of course, it follows that no appeal can be had of the trial court's judgment in a summary proceeding for the declaration of presumptive death of an absent spouse under Article 41 of the Family Code. It goes without saying, however, that an aggrieved party may file a petition for certiorari to question abuse of discretion amounting to lack of jurisdiction. Such petition should be filed in the Court of Appeals in accordance with the Doctrine of Hierarchy of Courts. To be sure, even if the Court's original jurisdiction to issue a writ of certiorari is concurrent with the RTCs and the Court of Appeals in certain cases, such concurrence does not sanction an unrestricted freedom of choice of court forum.[13] From the decision of the Court of Appeals, the losing party may then file a petition for review on certiorari under Rule 45 of the Rules of Court with the Supreme Court. This is because the errors which the court may commit in the exercise of jurisdiction are merely errors of judgment which are the proper subject of an appeal.[14]
2008-07-23
NACHURA, J.
Second. The instant petition is a wrong remedy because of the availability of an appeal. After the CA denied their Motion for Reconsideration, petitioners allowed the reglementary period for filing an appeal to lapse, opting instead to file this Petition for Certiorari. Well-settled is the rule that certiorari is not a substitute for the lost or lapsed remedy of appeal. Although there are instances when certiorari may be allowed despite the availability of appeal, in this case we find no compelling reasons to do so, particularly because the issue raised clearly pertains to the wisdom and soundness of the assailed CA Resolutions, [34] which should have been assailed before this Court via a petition for review on certiorari under Rule 45 of the Rules of Civil Procedure. Thus, on this score also, the petition should be dismissed.