This case has been cited 1 times or more.
|
2009-08-28 |
CARPIO, J. |
||||
| As regards the fifth[16] and seventh[17] issues, although petitioners allege grave abuse of discretion, such issues involve errors of judgment which are not reviewable in a certiorari proceeding. In the fifth issue, petitioners claim that the case can be dismissed on summary judgment for lack of cause of action while in the seventh issue, they assert that the trial court should have granted a preliminary injunction in favor of petitioner corporation to protect its intellectual property rights. The Court notes that the arguments raised by petitioners are not errors involving jurisdiction but one of judgment, which is beyond the ambit of a certiorari proceeding. A certiorari proceeding is an extraordinary remedy designed for the correction of errors of jurisdiction and not errors of judgment.[18] As such, a petition for certiorari must aver only jurisdictional matters or raise questions of jurisdiction. Thus, if the facts alleged do not raise any genuine jurisdictional issue, the petition for certiorari would be devoid of merit.[19] As held in People v. Court of Appeals:[20] | |||||