Explain each mode of certiorari: 1. As a mode of appeal from the Regional Trial Court or the Court of Appeals to the Supreme Court. (2.5%)
2. As a special civil action from the Regional Trial Court or the Court of Appeals to the Supreme Court. (2.5%)
3. As a mode of review of the decisions of the National Labor Relations Commission and the Constitutional Commissions. (2.5%)
1. Rule 45 of the Rules of Court allows appeal from the judgement, final order of resolution of the RTC or the Court of Appeals to the Supreme Court by verified petition for review raising only pure questions of law.
ReplyDelete2. Rule 65 of the Rules of Court applies to certiorari as a special civil action when a party files a verified petition against a decision, final order, or resolution of a tribunal, body or board that has acted with grave abuse of discretion amounting to lack or in excess of jurisdiction. This mode is resorted to when there i no other plain, speedy and adequate remedy in the ordinary course of law.
3. ...