Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 208 views

    Remedy of Certiorari

    Uploaded by

    Jesús Lapuz
    Certiorari under Rule 65 allows a person to file a petition with a higher court to correct errors of jurisdiction by a lower tribunal, board, or officer. It must be filed within 60 days of the judgment and include certified copies of relevant documents. Exceptions to requiring a motion for reconsideration first include issues of pure law, public interest, urgency, or lack of due process. A final judgment that has acquired immutability cannot be modified, but a court may suspend execution in the interests of justice due to supervening events. Before executing a civil judgment against an employer for an employee's actions, a hearing must determine the employment relationship and that the offense was committed in the employee's discharge of duties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Remedy of Certiorari

    Uploaded by

    Jesús Lapuz
    208 views4 pages
    Certiorari under Rule 65 allows a person to file a petition with a higher court to correct errors of jurisdiction by a lower tribunal, board, or officer. It must be filed within 60 days of the judgment and include certified copies of relevant documents. Exceptions to requiring a motion for reconsideration first include issues of pure law, public interest, urgency, or lack of due process. A final judgment that has acquired immutability cannot be modified, but a court may suspend execution in the interests of justice due to supervening events. Before executing a civil judgment against an employer for an employee's actions, a hearing must determine the employment relationship and that the offense was committed in the employee's discharge of duties.

    Original Description:

    Crimpro

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Certiorari under Rule 65 allows a person to file a petition with a higher court to correct errors of jurisdiction by a lower tribunal, board, or officer. It must be filed within 60 days of the judgment and include certified copies of relevant documents. Exceptions to requiring a motion for reconsideration first include issues of pure law, public interest, urgency, or lack of due process. A final judgment that has acquired immutability cannot be modified, but a court may suspend execution in the interests of justice due to supervening events. Before executing a civil judgment against an employer for an employee's actions, a hearing must determine the employment relationship and that the offense was committed in the employee's discharge of duties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    208 views4 pages

    Remedy of Certiorari

    Uploaded by

    Jesús Lapuz
    Certiorari under Rule 65 allows a person to file a petition with a higher court to correct errors of jurisdiction by a lower tribunal, board, or officer. It must be filed within 60 days of the judgment and include certified copies of relevant documents. Exceptions to requiring a motion for reconsideration first include issues of pure law, public interest, urgency, or lack of due process. A final judgment that has acquired immutability cannot be modified, but a court may suspend execution in the interests of justice due to supervening events. Before executing a civil judgment against an employer for an employee's actions, a hearing must determine the employment relationship and that the offense was committed in the employee's discharge of duties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 4

    REMEDY OF CERTIORARI (RULE 65)

    It is a remedy designed for the correction of errors of jurisdiction


    and not errors of judgment. The acceptance of a petition for certiorari,
    as well as the grant if due course thereto is, in general, addressed to
    the sound discretion of the court.
    Certiorari on Rule 65 may be resorted when any tribunal, board
    or officer exercising judicial or quasi-judicial function 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 there is no appeal, or
    any plain, speedy, and adequate remedy in the ordinary course of law.
    How to file:
    -

    A person aggrieved thereby may file a verified petition in the


    proper court, alleging the facts and certainty that judgment be
    rendered annulling or modifying the proceedings of such tribunal,
    board or officer, and granting such incidental reliefs as law and

    justice may require.


    The petition shall be accompanied by a certified true copy of the
    judgment, order or resolution subject thereof, copies of all
    pleadings

    and

    documents

    relevant

    thereto,

    and

    sworn

    certification of non-forum shopping. Non-compliance of this


    requirement would cause the dismissal of the petition.
    When to File
    -

    The petition shall be filed not later than sixty (60) days from
    notice of judgment, order of resolution. In case a motion for
    reconsideration or new trial is timely filed, whether such motion
    is required or not, the sixty (60) day period shall be counted from
    notice of the denial of said motion.

    The 60-day period starts to run from the date petitioner receives
    the assailed judgment, final order or resolution, or the denial of
    the motion for reconsideration or new trial timely file.

    The general rule is that a petition for Certiorari under Rule 65


    before Higher Court will not prosper unless the inferior court has been
    given, through motion of reconsideration, a chance to correct the
    errors imputed to it.
    Exceptions:
    1.
    2.
    3.
    4.
    5.

    When the issue raised is purely of law


    When public interest is involved
    In case of urgency
    Where the order is patent nullity
    Where, under the circumstances, a motion for reconsideration

    would be useless.
    6. Where, in a criminal case, relief from an order of arrest is urgent
    and the granting of such relief by the trial court is improbable
    7. Lack of due process
    8. Where the proceedings were ex parte or in which the petitioner
    had no opportunity to object
    9. Where the issue raised is one purely of law or where public
    interest is involved.
    The rule is that the prosecution cannot appeal or bring error
    proceedings from judgment rendered in favor of the defendant in a
    criminal case. The reason is that judgment of acquittal is immediately
    final and executory, and the prosecution, and the prosecution is barred
    from appealing lest the constitutional prohibition against double
    jeopardy be violated.

    COURTS POWER TO SUSPEND THE EXECUTION OF


    FINAL JUDGMENT OR TO CAUSE A MODIFICATION
    The rule that it is the ministerial duty of the court to order the
    execution of a final judgment admits of certain exceptions. The court
    has the authority to suspend the execution of a final judgment or to
    cause a modification thereof as and when it becomes imperative in the
    higher interest of justice or when supervening events warrant it.

    EXECUTION OF JUDGMENT
    A decision that has acquired finality becomes immutable and
    unalterable and may no longer be modified in any respect even if the
    modification is intended to correct erroneous conclusions of fact or law
    and whether it will be made by the court that rendered it or by the
    highest court of the land. The judgment is executor.

    EXECUTION OF CIVIL JUDGMENT AGAINST EMPLOYER


    OF THE ACCUSED-EMPLOYEE
    Before execution of civil judgment against an employers
    subsidiary liability under Article 103 of the Revised Penal Code ensues,
    there must be a determination, in a hearing set for the purpose of 1)
    the existence of an employer-employee relationship; 2) that the
    employer is engaged in some kind of industry; 3) that the employee is
    adjudged guilty of the wrongful act and found to have committed the
    offense in the discharge of his duties not necessarily any offense he

    commits "while" in the discharge of such duties; and 4) that said


    employee is insolvent.

    You might also like