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    Cuevas v. Macatangay

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    The existence and availability of the right of appeal prohibits the resort to certiorari because one of the requirements for the latter remedy is the unavailability of appeal.

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    Cuevas v. Macatangay

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    fcnrrs
    174 views2 pages
    The existence and availability of the right of appeal prohibits the resort to certiorari because one of the requirements for the latter remedy is the unavailability of appeal.

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    The existence and availability of the right of appeal prohibits the resort to certiorari because one of the requirements for the latter remedy is the unavailability of appeal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    174 views2 pages

    Cuevas v. Macatangay

    Uploaded by

    fcnrrs
    The existence and availability of the right of appeal prohibits the resort to certiorari because one of the requirements for the latter remedy is the unavailability of appeal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    CUEVAS V. MACATANGAY, etc. et al.

    G.R. No. 208506, 22 February 2017


    Second Division

    The existence and availability of the right of appeal prohibits the resort
    to certiorari because one of the requirements for the latter remedy is
    the unavailability of appeal.

    Petitioner Cuevas was appointed Director III of the National Museum.


    The appointment was challenged but both the National Museum and the
    Civil Service Commission found no merit to the protest. The CSC
    however found that petitioner’s appointment was not in accordance with
    law and thus recalled the appointment.

    Director Jeremy Barns through a letter asked for clarification and


    reconsideration in which the CSC, in a letter-response, declared that its
    resolution became final and executory for failure to appeal, despite
    proper notice to the National Museum and petitioner.

    Is the letter-reply by the CSC subject to a petition for certiorari?

    No, it was not. The letter-response did not decide the issue on the
    validity or invalidity of petitioner’s appointment. Rather, the CSC
    Resolution which invalidated petitioner’s appointment should have been
    the subject of an appeal. This is a classic case of resorting to the filing
    of a petition for certiorari when the remedy of an ordinary appeal can
    no longer be availed of. Where appeal is available to the aggrieved
    party, the special civil action of certiorari will not be entertained —
    remedies of appeal and certiorari are mutually exclusive, not alternative
    or successive. The proper remedy to obtain a reversal of judgment on
    the merits, final order or resolution is appeal.

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