Beruflich Dokumente
Kultur Dokumente
G.R. No. L-38280 March 21, 1975 The general rule is that the extraordinary writ of certiorari is not proper when ordinary appeal is available. However, we have granted the writ in cases where it is shown that appeal would be inadequate, slow, insufficient and will not promptly relieve petitioner from the injurious effects of the order complained of. The grounds cited by petitioners for the allowance of the writ of certiorari, justify the giving of due course to the petitions in these two cases, for ordinary appeal will not be adequate. As many memorial lot buyers are affected, and the very integrity of the torrens system is at stake, public interest is involved. This rule for the granting of a motion for new trial, as all other rules of procedure, should be liberally construed to assist the parties in obtaining a just and speedy determination of their rights. Court litigations are primarily for the search of truth, and a liberal interpretation of the rules by which both parties are given the fullest opportunity to adduce proofs is the best way to find out such truth. The dispensation of justice and vindication of legitimate grievances should not be barred by technicalities.
Mandamus is a command issuing from a court of law of competent jurisdiction, in the name of the state or the sovereign, directed to some inferior court, tribunal, or board, or to some corporation or person requiring the performance of a particular duty therein specified, which duty results from the official station of the party to whom the writ is directed or from operation of law. This definition recognizes the public character of the remedy, and clearly excludes the idea that it may be resorted to for the purpose of enforcing the performance of duties in which the public has no interest. The writ is a proper recourse for citizens who seek to enforce a public right and to compel the performance of a public duty, most especially when the public right involved is mandated by the Constitution. As the quoted provision instructs, mandamus will lie if the tribunal, corporation, board, officer, or person unlawfully neglects the performance of an act which the law enjoins as a duty resulting from an office, trust or station. An important principle followed in the issuance of the writ is that there should be no plain, speedy and adequate remedy in the ordinary course of law other than the remedy of mandamus being invoked. In other words, mandamus can be issued only in cases where the usual modes of procedure and forms of remedy are powerless to afford relief. Although classified as a legal remedy, mandamus is equitable in its nature and its issuance is generally controlled by equitable principles. Indeed, the grant of the writ of mandamus lies in the sound discretion of the court. A2012 Eleazar Yoro Varon Cimagala Cruz
Petitioner denied that private respondents were dismissed from their employment, asserting that private respondents abandoned their work. Executive labor arbiter Latoja ruled that petitioner was guilty of illegal dismissal and ordered it to pay private respondents 13th month pay, backwages, separation pay, premium pay for work rendered on rest days and holidays, and attorneys fees. Petitioner appealed to the NLRC which reversed and set aside the labor arbiters ruling. Respondents filed a petition for certiorari under Rule 65 with the CA. CA granted the petition and ruled that, since the findings of the labor arbiter were supported by substantial evidence, it should be respected by appellate tribunals. Petitioner failed to overcome the burden of proving the existence of just cause for dismissing private respondents, hence, it was guilty of illegal dismissal. The CA reversed and set aside the decision of the NLRC and reinstated the decision of the labor arbiter. Petitioner moved for the reconsideration of the CAs decision but the same was denied. Hence, this petition for certiorari. Issue/Held: Is an MR needed to be filed before Rule 65 can be resorted to? Generally yes, but this case is covered by the exceptions. Is Rule 65 the proper remedy? No. The case involves inquiry into factual matters. Petition is dismissed, CAs ruling is affirmed. Rationale: Petitioner faults the CA for reversing the decision of the NLRC. It asserts that the petition for certiorari of private respondents should have been dismissed outright for failure to file an MR with the NLRC before filing the petition for certiorari with the CA. Petitioner also maintains that the CA erred when it adopted the findings of the labor arbiter that private respondents were constructively dismissed, instead of the contrary finding of the NLRC. As a general rule, an MR is needed before a petition for certiorari under Rule 65 can be resorted to. However, there are well recognized exceptions to this rule. Private respondents petition for certiorari before the CA was covered by the exceptions. The issue raised in the certiorari proceeding before the appellate court, i.e., whether private respondents were constructively dismissed without just cause, was also the very same issue raised before the NLRC and resolved by it. Moreover, the employer-employee relationship between petitioner and private respondents was impressed with public interest. Thus, it was proper for the appellate court to take cognizance of the case even if no MR had been filed with the NLRC. The other issues raised by petitioner, i.e., whether private respondents were illegally dismissed (as the CA and the labor arbiter ruled) or abandoned their work (as the NLRC held) and whether they were entitled to backwages, unpaid benefits, separation pay and attorneys fees, are not proper subjects of a petition for certiorari. They involve an inquiry into factual matters. The Supreme Court is not a trier of facts, more so in the consideration of the extraordinary writ of certiorari where neither questions of fact nor of law are entertained, but only questions of lack or excess of jurisdiction or grave abuse of discretion. The sole office of a writ of certiorari is the correction of errors of jurisdiction including the commission of grave abuse of discretion amounting to lack of jurisdiction, and does not include the review of public respondents evaluation of the evidence and the factual findings based thereon. Therefore, the present petition for certiorari fails insofar as it questions the affirmation by the CA of the factual finding of the labor arbiter that private respondents were illegally dismissed, entitling them to an award of backwages, unpaid benefits, separation pay and attorneys fees.
There being a plain, speedy and adequate remedy in the ordinary course of law for the production of the subject will, the remedy of mandamus cannot be availed of. Suffice it to state that respondent Lee lacks a cause of action in his petition. Thus, the Court grants the demurrer. G.R. No. 1141637 06/08/2006
Verily, the Office of the Ombudsman in the instant case has failed to discharge its duty mandated by the Constitution "to promptly act on complaints filed in any form or manner against public officials and employees of the government, or any subdivision, agency or instrumentality thereof." Mandamus is employed to compel the performance, when refused of a ministerial duty, this being its chief use and not a discretionary duty. It is nonetheless likewise available to compel action, when refused, in matters involving judgment and discretion, but not to direct the exercise of judgment or discretion in a particular way or the retraction or reversal of an action already taken in the exercise of either. It is correct, as averred in the comment that in the performance of an official duty or act involving discretion, the corresponding official can only be directed by mandamus to act, but not to act one way or the other. However, this rule admits of exceptions such as in cases where there is gross abuse of discretion, manifest injustice, or palpable excess of authority. Here, the Office of the Ombudsman, due to its failure to resolve the criminal charges against petitioner for more than six years, has transgressed on the constitutional right of petitioner to due process and to a speedy disposition of the cases against him, as well as the Ombudsman's own constitutional duty to act promptly on complaints filed before it. For all these past 6 years, petitioner has remained under a cloud, and since his retirement in September 1994, he has been deprived of the fruits of his retirement after serving the government for over 42 years all because of the inaction of respondent Ombudsman. If we wait any longer, it may be too late for petitioner to receive his retirement benefits, not to speak of clearing his name. This is a case of plain injustice which calls for the issuance of the writ prayed for. G.R. No. L-25316 February 28, 1979