Certiorari petitions should be filed within "reasonable period" of 3 months

With respect to the alleged grave abuse of discretion committed by the MTC and the RTC, the same is not meritorious. First, a petition for certiorari under Rule 65 can be availed only if the party was left with no "plain, speedy and adequate" remedy in the ordinary course of law. The remedy of appeal was available to petitioner which they even availed of before the RTC and then to the CA. Secondly, assuming that the petition for certiorari is the proper remedy, the same should be filed within the "reasonable period" of three months as adopted by this Court. The instant petition, however, was filed only on August 31, 1995, which is more than three months from the time petitioner received copies of the MTC and RTC decision on February 27, and April 25, 1995, respectively. Finally, certiorari under Rule 65 will issue only to correct errors of jurisdiction and not errors of judgment. The assailed finding of the lower courts that petitioner's alleged negligence was the cause of the accident does not involve a question of jurisdiction. [G.R. No. 121488. November 21, 1996]

Popular Posts