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    Zamoranos Vs People

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    abi_robeniol
    1. Zamoranos was involved in multiple marriages and divorces over several years that led to legal issues. 2. She was charged with bigamy in the Regional Trial Court but filed a motion to quash arguing the court lacked jurisdiction, which was denied. 3. She appealed to the Supreme Court via a petition for certiorari, alleging grave abuse of discretion in the denial of her motion. 4. The Supreme Court ruled that certiorari was the appropriate remedy in this case as the denial of the motion to quash was made without jurisdiction and was patently erroneous, and appeal would not provide adequate relief. It granted the petition.

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    Zamoranos Vs People

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    abi_robeniol
    580 views1 page
    1. Zamoranos was involved in multiple marriages and divorces over several years that led to legal issues. 2. She was charged with bigamy in the Regional Trial Court but filed a motion to quash arguing the court lacked jurisdiction, which was denied. 3. She appealed to the Supreme Court via a petition for certiorari, alleging grave abuse of discretion in the denial of her motion. 4. The Supreme Court ruled that certiorari was the appropriate remedy in this case as the denial of the motion to quash was made without jurisdiction and was patently erroneous, and appeal would not provide adequate relief. It granted the petition.

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    Zamoranos vs People

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    1. Zamoranos was involved in multiple marriages and divorces over several years that led to legal issues. 2. She was charged with bigamy in the Regional Trial Court but filed a motion to quash arguing the court lacked jurisdiction, which was denied. 3. She appealed to the Supreme Court via a petition for certiorari, alleging grave abuse of discretion in the denial of her motion. 4. The Supreme Court ruled that certiorari was the appropriate remedy in this case as the denial of the motion to quash was made without jurisdiction and was patently erroneous, and appeal would not provide adequate relief. It granted the petition.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    580 views1 page

    Zamoranos Vs People

    Uploaded by

    abi_robeniol
    1. Zamoranos was involved in multiple marriages and divorces over several years that led to legal issues. 2. She was charged with bigamy in the Regional Trial Court but filed a motion to quash arguing the court lacked jurisdiction, which was denied. 3. She appealed to the Supreme Court via a petition for certiorari, alleging grave abuse of discretion in the denial of her motion. 4. The Supreme Court ruled that certiorari was the appropriate remedy in this case as the denial of the motion to quash was made without jurisdiction and was patently erroneous, and appeal would not provide adequate relief. It granted the petition.

    Copyright:

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    Zamoranos vs People 1. On May 3, 1982, Zamoranos wed Jesus de Guzman, a Muslim convert, in Islamic rites.

    Prior thereto, Zamoranos was a Roman Catholic who had converted to Islam on April 28, 1982. Subsequently, on July 30, 1982, the two wed again, this time, in civil rites before Judge Perfecto Laguio (Laguio) of the RTC, Quezon City. 2. A little after a year, on December 18, 1983, Zamoranos and De Guzman obtained a divorce by talaq. The dissolution of their marriage was confirmed by the Sharia Circuit Dis trict Court, 1st Circuit, 3rd District, Isabela, Basilan 3. Now it came to pass that Zamoranos married anew on December 20, 1989. As she had previously done in her first nuptial to De Guzman, Zamoranos wed Samson Pacasum, Sr. (Pacasum), her subordinate at the Bureau of Customs where she worked, under Islamic rites in Balo-i, Lanao del Norte. 4. They had Children! 5. They had issues and were de facto separated. The issues escalated to a battle for the custody of their children. 6. Cases for annulment, Bigamy and Disbarment were filed against Zamoranos. 7. In the RTC, in the criminal case of bigamy, information was made, but zamoranos reconsidered and was the information was dismissed. 8. Then Pacasum appealed, the information was reinstated 9. Zamoranos then filed a motion to quash the information arguing that RTC of Iligan City had no jurisdiction over the person and offense charged. But was denied. The CA denied the motion as well. 10. Zamoranos goes to the SC for Certiorari alleging grave abuse of discretion. Issue: 1. Whether the CA correctly dismissed Zamoranos petition for certiorari

    Ruling: 1. As a rule, certiorari lies when: (1) a tribunal, board, or officer exercises judicial or quasi-judicial functions; (2) the tribunal, board, or officer has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction; and (3) there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law. 2. The writ of certiorari serves to keep an inferior court within the bounds of its jurisdiction or to prevent it from committing such a grave abuse of discretion amounting to excess or lack of jurisdiction, or to relieve parties from arbitrary acts of courtsacts which courts have no power or authority in law to perform.20 3. The denial of a motion to quash, as in the case at bar, is not appealable. It is an interlocutory order which cannot be the subject of an appeal.21 4. Moreover, it is settled that a special civil action for certiorari and prohibition is not the proper remedy to assail the denial of a motion to quash an information. The established rule is that, when such an adverse interlocutory order is rendered, the remedy is not to resort forthwith to certiorari or prohibition, but to continue with the case in due course and, when an unfavorable verdict is handed down, to take an appeal in the manner authorized by law. 5. However, on a number of occasions, we have recognized that in certain situations, certiorari is considered an appropriate remedy to assail an interlocutory order, specifically the denial of a motion to quash. a. when the court issued the order without or in excess of jurisdiction or with grave abuse of discretion b. when the interlocutory order is patently erroneous and the remedy of appeal would not afford adequate and expeditious relief c. in the interest of a "more enlightened and substantial justice"; d. to promote public welfare and public policy e. when the cases "have attracted nationwide attention, making it essential to proceed with dispatch in the consideration thereof. 6. The first four of the foregoing exceptions occur in this instance 7. Contrary to the asseverations of the CA, the RTC, Branch 6, Iligan City, committed an error of jurisdiction, not simply an error of judgment, in denying Zamoranos motion to quash. 8. Motion to quash was subsequently granted.

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