To be sure, a
petition for certiorari is dismissible for being the wrong remedy. Indeed, we
have noted a number of exceptions to
this general rule, to wit: 1) when public welfare and the advancement of
public policy dictate; 2) when the broader interest of justice so requires; 3)
when the writs issued are null and void; 4) when the questioned order amounts
to an oppressive exercise of judicial authority; 5) when, for persuasive
reasons, the rules may be relaxed to relieve a litigant of an injustice not
commensurate with his failure to comply with the prescribed procedure; or 6) in
other meritorious cases. None of the above exceptions are present in
the instant case; hence, we apply the general rule. Respondent
not having availed himself of the proper remedy to assail the dismissal of the
case against petitioners, the dismissal has become final and executory.
(SANTOS
vs. ORDA, G.R. No. 189402, May 6, 2010,
NACHURA, J.).
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