8/16/2019 Certiorari Rulings

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Petition for Certiorari with Prayer for the Issuance of a Temporary Restraining Order and/or a

Writ of Preliminary Injunction

This ruling was reiterated in Conti v. Court of ppeals!

Truly" an essential re#uisite for the availa$ility of the e%traordinary remedies under the Rules isan a$sence of an appeal nor any &plain" speedy and ade#uate remedy& in the ordinary course of

law" one which has $een so defined as a &remedy which 'would( e#ually '$e( $eneficial" speedy

and sufficient not merely a remedy which at some time in the future will $ring a$out a revival of

the judgment % % % complained of in the certiorari proceeding" $ut a remedy which will promptly

relieve the petitioner from the injurious effects of that judgment and the acts of the inferior court

or tri$unal& concerned. % % % ')mphasis supplied(

In this relation" it may not $e amiss to placate the RTC*s apprehension that respondent*s recourse

 $efore it 'was only filed to circumvent the non+appeala$le nature of ,small claims cases-"

 $ecause it ass ,the court- to supplant the decision of the lower ,c-ourt with another decision

directing the private respondent to pay the petitioner a $igger sum than what has $een

awarded.&0 1erily" a petition for certiorari" unlie an appeal" is an original action2designed to

correct only errors of jurisdiction and not of judgment. Owing to its nature" it is therefore

incum$ent upon petitioner to esta$lish that jurisdictional errors tainted the 3TCC 4ecision. The

RTC" in turn" could either grant or dismiss the petition $ased on an evaluation of whether or not

the 3TCC gravely a$used its discretion $y capriciously" whimsically" or ar$itrarily disregarding

evidence that is material to the controversy. '5eonis 6avigation Co." Inc. v. 1illamater" 7.R. 6o.

8928:2" 3arch ;" <8<" :8= >CR 80" 82.(