Friday, August 12, 2011

ERRORS OF JUDGMENT BEYOND THE PROVINCE OF A PETITION FOR CERTIORARI:


When a court, tribunal, or officer has jurisdiction over the person and the subject matter of the dispute, the decision on all other questions arising in the case is an exercise of that jurisdiction. Consequently, all errors committed in the exercise of said jurisdiction are merely errors of judgment.

Under prevailing procedural rules and jurisprudence, errors of judgment are not proper subjects of a special civil action for certiorari (Sebastian v. Morales, 445 Phil. 595, 608 (2003).  If every error committed by the trial court or quasi-judicial agency were to be the proper subject of a special civil action for certiorari, then trial would never end and the dockets of appellate courts would be clogged beyond measure.

For this reason, where the issue or question involved affects the wisdom or legal soundness of the decision, not the jurisdiction of the court to render said decision, the same is beyond the province of a special civil action for certiorari. (Land Bank of the Philippines v. Court of Appeals, 456 Phil. 755, 787 (2003). Thus, if the petitioners filed the instant special civil action for certiorari, instead of appeal via a petition for review, the petition should be dismissed. (ARTISTICA CERAMICA, INC. vs. CIUDAD DEL CARMEN HOMEOWNER'S ASSOCIATION, INC., G.R. Nos. 167583-84, June 16, 2010, PERALTA, J.).

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