1/5/2021
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The OSG, on the other hand, submitted its Manifestation and Motion.[16] It informed
the Court that the trial court proceeded with the hearing of the criminal cases in
accordance with A.M. No. 15-06-10-SC, or the Revised Guidelines for Continuous Trial
of Criminal Cases. The prosecution has only Mary Jane to present as a witness. Hence,
the OSG prays that the Court immediately resolve the instant Petition for Review and to
suspend the application of A.M. No. 15-06-10-SC in the criminal proceedings before the
trial court.
In this Court's March 27, 2019 Resolution,[17] it denied the motion for intervention of
Mary Jane's parents for failure to establish legal interest in the instant case that is
actual and material as well as direct and immediate. The Court likewise denied the
OSG's prayer to suspend the application of A.M. No. 15-06-10-SC in the criminal
proceedings before the trial court for lack of basis.
Issues
(a) Whether the Court of Appeals erred in granting the writ of certiorari,
and;
(b) Whether Mary Jane's testimony may be validly acquired through
deposition by written interrogatories.
The Court's Ruling
The Court finds the petition impressed with merit.
On Procedural Matters
The OSG avers that the appellate court erred in giving due course and granting the
respondents' Petition for Certiorari there being other plain, speedy, and adequate
remedies in the ordinary course of law. It further argues that the trial court did not
commit grave abuse of discretion when it granted the State's motion to allow the taking
of Mary Jane's testimony by deposition through written interrogatories.
The Court agrees.
Impropriety of the writ of certiorari
before the Court of Appeals
A writ of certiorari is limited in scope and narrow in character. It is available only to
correct acts rendered without jurisdiction, in excess of jurisdiction, or with grave abuse
of discretion. In other words, certiorari is proper to correct errors of jurisdiction, and
not errors of procedure or mistakes in the findings or conclusions of the lower
court. Thus, any alleged errors committed by the trial court within the bounds of its
jurisdiction and in the exercise of its discretion are mere errors of judgment, correctible
by an appeal or a petition for review under Rule 43 of the Rules of Court, and not by a
petition for certiorari.[18]
The Supreme Court's pronouncement in Cruz v. People,[19] citing Delos Santos v.
Metropolitan Bank and Trust Company[20] is instructive on the scope of certiorari:
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65855
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