Tuesday, July 26, 2011

AS A RULE, A PETITION FOR CERTIORARI IS NOT AVAILABLE AFTER THE LAPSE OF THE PERIOD TO FILE AN APPEAL. EXCEPTIONS:


While ordinarily, certiorari is unavailing where the appeal period has lapsed, there are exceptions.

Among them are (a) when public welfare and the advancement of public policy dictates; (b) when the broader interest of justice so requires; (c) when the writs issued are null and void; or (d) when the questioned order amounts to an oppressive exercise of judicial authority.  (Martillano v. Court of Appeals, G.R. No. 148277, June 29, 2004, 433 SCRA 195, 201; Sps. Go v. Tong, 462 Phil. 256, 266 (2003); Uy Chua v. Court of Appeals, 398 Phil. 17, 30 (2000) cited in ASSOCIATED ANGLO-AMERICAN TOBACCO CORPORATION and FLORANTE DY, vs. COURT OF APPEALS, HON. CRISPIN C. LARON, G.R. No. 167237, April 23, 2010 DEL CASTILLO, J.). 

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