This case has been cited 4 times or more.
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2007-06-08 |
YNARES-SANTIAGO, J. |
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| A petition for review on certiorari under Rule 45 is distinct from a petition for certiorari under Rule 65 in that the former brings up for review errors of judgment while the latter concerns errors of jurisdiction or grave abuse of discretion amounting to lack or excess of jurisdiction. Grave abuse of discretion is not an allowable ground under Rule 45. However, a petition for review on certiorari under Rule 45 may be considered a petition for certiorari under Rule 65 where it is alleged that the respondents abused their discretion in their questioned actions, as in the instant case.[18] While petitioner claims to have brought the instant action under Rule 45, the grounds raised herein involve an alleged grave abuse of discretion on the part of respondent Judge Carbonell. Accordingly, the Court shall treat the same as a petition for certiorari under Rule 65. | |||||
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2006-08-28 |
PUNO, J. |
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| As a general rule, the prosecution cannot appeal or bring error proceedings from a judgment in favor of the defendant in a criminal case in the absence of a statute clearly conferring that right.[48] Thus, errors of judgment are not appealable by the prosecution. Appeal by the prosecution from the order of dismissal of the criminal case by the trial court may be allowed only on errors of jurisdiction when there was denial of due process resulting in loss or lack of jurisdiction.[49] This is so as while it is true that double jeopardy will attach in case the prosecution appeals a decision acquitting the accused, an acquittal rendered in grave abuse of discretion amounting to lack or excess of jurisdiction does not really "acquit" and therefore does not terminate the case as there can be no double jeopardy based on a void indictment.[50] | |||||
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2006-06-16 |
CALLEJO, SR., J. |
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| As gleaned from the material averments in the petition as well as in the other pleadings of petitioner, the present action appears to be one under both Rule 45 and Rule 65 of the Rules of Court. However, the prosecution cannot simultaneously avail of the remedies of a special civil action for certiorari, petition for review on certiorari, or appeal in civil cases.[20] A petition for review on certiorari under Rule 45 of the Rules of Court and a petition for certiorari under Rule 65 of the Rules of Court are two and separate remedies. A petition under Rule 45 brings up for review errors of judgment, while a petition for certiorari under Rule 65 covers errors of jurisdiction or grave abuse of discretion amounting to excess or lack of jurisdiction. Grave abuse of discretion is not an allowable ground under Rule 45.[21] A petition for review under Rule 45 of the Rules of Court is a mode of appeal. Under Section 1 of the said Rule, a party aggrieved by the decision or final order of the Sandiganbayan may file a petition for review on certiorari with this Court: Section 1. Filing of petition with Supreme Court. - A party desiring to appeal by certiorari from a judgment or final order or resolution of the Court of Appeals, the Sandiganbayan, the Regional Trial Court, or other courts whenever authorized by law, may file with the Supreme Court a verified petition for review on certiorari. The petition shall raise only questions of law which must be distinctly set forth. However, the provision must be read in relation to Section 1, Rule 122 of the Revised Rules of Court, which provides that any party may appeal from a judgment or final order "unless the accused will thereby be placed in double jeopardy." The judgment that may be appealed by the aggrieved party envisaged in the Rule is a judgment convicting the accused, and not a judgment of acquittal. The State is barred from appealing such judgment of acquittal by a petition for review. | |||||
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2005-11-11 |
AUSTRIA-MARTINEZ, J. |
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| Before going to the merits, this Court reiterates the distinction between petition for review on certiorari under Rule 45 and petition for certiorari under Rule 65. It should be recalled that a petition under Rule 45 brings up for review errors of judgment while a petition under Rule 65 concerns errors of jurisdiction or grave abuse of discretion amounting to lack or excess of jurisdiction. Grave abuse of discretion is not an allowable ground under Rule 45. However, a petition for review on certiorari under Rule 45 may be considered as a petition for certiorari under Rule 65 where it is alleged that the respondents abused their discretion in their questioned actions.[13] Such is the case at bar. | |||||