This case has been cited 1 times or more.
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2011-02-23 |
PEREZ, J. |
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| Anent the third requisite, a writ of certiorari will not issue where the remedy of appeal is available to the aggrieved party. The party aggrieved by a decision of the Court of Appeals is proscribed from assailing the decision or final order of said court via Rule 65 of the Rules of Court because such recourse is proper only if the party has no plain, speedy and adequate remedy in the course of law.[8] Furthermore, certiorari cannot be availed of as a substitute for the lost remedy of an ordinary appeal.[9] | |||||