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Madrigal Transport, Inc. v. Lapanday Holdings Corp

MADRIGAL TRANSPORT, INC., Petitioner, vs. LAPANDAY HOLDINGS CORPORATION; MACONDRAY AND COMPANY, INC.; and LUIS P. LORENZO JR., Respondents.

G.R. No. 156067 | 2004-08-11

DECISION

PANGANIBAN, J.:

The special civil action for certiorari and appeal are two different remedies that are mutually exclusive; they are not alternative or successive. Where appeal is available, certiorari will not prosper, even if the ground therefor is grave abuse of discretion.

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* On leave.

Basic is the rule that certiorari is not a substitute for the lapsed remedy of appeal.

The Case

Before us is a Petition for Review[1] under Rule 45 of the Rules of Court, assailing the February 28, 2002 Decision[2] and the November 5, 2002 Resolution[3] of the Court of Appeals (CA) in CA-GR SP No. 54861. The challenged Decision...