This case has been cited 4 times or more.
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2008-06-27 |
YNARES-SATIAGO, J. |
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| Petitioner also blatantly disregarded the rule on hierarchy of courts. Although the Supreme Court, Regional Trial Courts, and the Court of Appeals have concurrent jurisdiction to issue writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction, such concurrence does not give the petitioner unrestricted freedom of choice of court forum. Recourse should have been made first with the Court of Appeals and not directly to this Court.[20] | |||||
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2005-10-25 |
AUSTRIA-MARTINEZ, J. |
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| Thus, this Court, as a rule, will not entertain direct resort to it unless the redress desired cannot be obtained in the appropriate courts, and exceptional and compelling circumstances, such as cases of national interest and of serious implications, justify the availment of the extraordinary remedy of writ of certiorari, calling for the exercise of its primary jurisdiction.[14] Such exceptional and compelling circumstances were present in the following cases: (a) Chavez vs. Romulo[15] on the citizens' right to bear arms; (b) Government of the United States of America vs. Purganan[16] on bail in extradition proceedings; (c) Commission on Elections vs. Quijano-Padilla[17] on a government contract on the modernization and computerization of the voters' registration list; (d) Buklod ng Kawaning EIIB vs. Zamora[18] on the status and existence of a public office; and (e) Fortich vs. Corona[19] on the so-called "Win-Win Resolution" of the Office of the President which modified the approval of the conversion to agro-industrial area of a 144-hectare land. | |||||
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2005-06-08 |
AUSTRIA-MARTINEZ, J. |
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| The Estares spouses had the burden in the trial court to establish the following requirements for them to be entitled to injunctive relief: (a) the existence of their right to be protected; and (b) that the acts against which the injunction is to be directed are violative of such right.[33] To be entitled to an injunctive writ, the petitioner must show, inter alia, the existence of a clear and unmistakable right and an urgent and paramount necessity for the writ to prevent serious damage.[34] Thus, an injunctive remedy may only be resorted to when there is a pressing necessity to avoid injurious consequences which cannot be remedied under any standard compensation.[35] | |||||
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2005-04-12 |
AUSTRIA-MARTINEZ, J. |
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| Although the Supreme Court, Court of Appeals and the Regional Trial Courts have concurrent jurisdiction to issue writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction, such concurrence does not give the petitioner unrestricted freedom of choice of court forum.[29] As we stated in People vs. Cuaresma:[30] | |||||