This case has been cited 1 times or more.
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2011-03-23 |
DEL CASTILLO, J. |
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| We note, at the outset, that petitioner pursued an incorrect remedy when it sought recourse before the CA. The filing of a Petition for Certiorari under Rule 65 of the Rules of Court before the CA is limited only to the correction of errors of jurisdiction or grave abuse of discretion on the part of the trial court.[34] "A special civil action for certiorari is an independent action, raising the question of jurisdiction where the tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction."[35] The CA did not find either lack or error of jurisdiction or grave abuse of discretion. There was no jurisdictional error because based on the Informations,[36] the offenses were committed within the territorial jurisdiction of the trial court. The penalties imposable under the law were also within its jurisdiction. As a necessary consequence, the trial court had the authority to determine how the subject fishing vessel should be disposed of. Likewise, no grave abuse of discretion attended the issuance of the trial court's order to confiscate F/V Sea Lion considering the absence of evidence showing that said vessel is owned by a third party. Evidently, the remedial relief pursued by the petitioner was infirm and improper. | |||||