Certiorari Conundrum: A Walkthrough of the Philippine Judicial Process

The Misadventures of the Street Strategist Vol. 8

Street Strategist Home Page 

 

 In this volume the Street Strategist, the most famous unknown, the pavement philosopher of maximum imagination and minimum talent, of infinite comprehension and zero knowledge, of total opinion and minimal truth, tackles certiorari.
Is this the first time you’ve heard of the word certiorari? Are you a foreign investor who knows nothing of the local judicial process? Are you a local government official with no legal background? Are you a businessman who needs to learn the rudiments of legal procedure? Are you a bar candidate who needs a summary of the appellate procedure? Are you a lawyer who has lost touch with the basics? This small book will guide you in your first legal step.
If you are a foreign businessman, would you go to a local lawyer and say: “Tell me about the legal process in this country?” Where would the local lawyer start? And will the foreigner remember all the information after only a single visit?Yet that information is exactly what foreigners need to know. They can read the laws on foreign investments in this country on their own but what book should they read to have a mental map of the legal system of this country?  Unfortunately, all books on remedial law are written for lawyers or law students. Fortunately, the Street Strategist has addressed exactly that particular need with this book. This book can be used as a primer of civil procedure, remedial law, and the Philippine judicial process  from the point of view of the appellate process.
Certiorari Conundrum: The Misadventures of the Street Strategist Volume 8 is the latest compilation of the continuing chronicles of the Most Famous Unknown’s convoluted ruminations on the irrelevant, the immaterial, the insignificant, the negligible, and the obscure, as published in the longest column space in the country.

 

 

 

 

Preface

Is this the first time you’ve ever heard of the word certiorari? Are you a foreign investor who knows nothing of the local judicial process? Are you a local government official with no legal background? Are you a businessman who needs to learn the rudiments of legal procedure? Are you a bar candidate who needs a summary of the appellate procedure? Are you a lawyer who has lost touch with the basics? This small book will guide you in your first legal step.

It all started out as lark. I wanted to expose the certiorari conundrum and offer my solution to the certiorari imbroglio because it confused me for a very long time.

But then, I realized that the reader who is a non-lawyer, could not appreciate the impact of such a solution if he has not gone through the inconvenience and confusion of the conundrum itself.

Then again, I realized that the reader could not appreciate the concept of certiorari unless he knows the concept of appeals.

Then, I realized that to understand the concept of appeals, the reader must know the jurisdiction of the courts.

And so it came to pass that what was originally designed to be a single article came out as a ten-part series.

This book, Street Strategist’s Certiorari Conundrum: A Walkthrough of the Philippine Judicial Process, can be used a primer of the Philippine judicial process from the point of view of the appellate process.

Who should read this book? Foreign investors will benefit from this book. If you are a foreign businessman, would you go to a local lawyer and say: “Tell me about the legal process in this country?”

That would be a very awkward visit. Where would the local lawyer start? That is too basic, and too general a query that the lawyer will be at a loss on how to go about it. And will the foreigner remember all the information after only a single visit?

Yet that information is exactly what foreigners need to know. They can read the different laws on foreign investments on their own but what book will they read to have a mental map of the legal system of this country? None.

Unfortunately, all remedial law books are written for lawyers or law students.

Fortunately, the Street Strategist has addressed exactly that particular need with this book. Instead of a long verbal discussion which may not sink in the head of the foreigner, simply hand over this book to him: “Here is a walkthrough of the legal system of the country written for idiots in a concise but precise manner.”

Law students, and even practicing lawyers will benefit from this book. This was a surprise to me. During the publication of this series of articles, there were many law students, bar candidates, and even senior lawyers in large law firms who are even bar topnotchers who informed me that they enjoyed the manner in which the appellate process is described in this book and they find this book useful as a reference material.

Lastly, this book is designed for non-lawyers. Whoever you are, whatever your profession, whatever your position, this book will give you an idea of the remedial process. Ignorance of the law excuses no one.

I hope that this book will provide you enough insights and knowledge for intelligent discussions with your lawyers regarding your lawsuits.

This book is not complete. It is an overview. It is merely a walkthrough of the judicial process. I have tried to make this discussion of the appellate process concise, current, and precise. However, mistakes may have crept in. I would appreciate correction and feedback.

By the way, just one small note on the literary style. This book was written as a series of articles in a very informal, hyperbolic literary style. The use of superlatives, grandiose  claims, or pretentious expressions are merely part of the expository style. Please ignore them.

By the way, the first person to pay and acquire an advance copy of this book is a trial judge. And to think I wrote this book for the non-lawyers. That’s the irony of this book’s history. Thank you.

 

     

Thads Bentulan

Street Strategist

streetstrategist@gmail.com

October 1, 2004


Table of Contents

 

Chapter

Page

Certiorari Conundrum Part 1

Establishing the raison d’etre for a concise, current, precise walkthrough of the judicial process designed for foreign investors, business executives, ordinary citizens, and other non-lawyers, yet practical enough for the bar and the bench (August 26, 2004)

11

Certiorari Conundrum Part 2

This part discusses the jurisdiction of the MTC, RTC, the Family Courts, the Sandiganbayan, and the Court of Tax Appeals (September 2, 2004)

23

Certiorari Conundrum Part 3

Discusses the jurisdiction of the Court of Appeals, and the Supreme Court including how they are modified by the new law on the Court of Tax Appeals and the case of People vs. Mateo (Sept  9, 2004)

37

Certiorari Conundrum Part 4

Discusses the basic concepts of venue, parties, remedies, judgments, stare decisis, and modes of appeal (September 16-17, 2004)

51

Certiorari Conundrum Part 5

Discusses the remedies at the trial court and the appellate court with a focus on the modes of appeal from the RTC (Sept 21, 2004)

89

Certiorari Conundrum Part 6

Discusses the appeals process at the Court of Appeals and the Supreme Court, judgments, executions, special proceedings, and special civil actions (September 22, 2004)

101

Certiorari Conundrum Part 7

In which the Street Strategist untangles the certiorari conundrum (September 23, 2004)

121

Certiorari Conundrum Part 8

In which the Street Strategist distinguishes the two types of certiorari and presents one case where even the Justices of  Supreme Court disagreed among themselves as to what is meant by certiorari (September 24, 2004)

135

Certiorari Conundrum Part 9

In which the Street Strategist defends the conclusion that certiorari is the single most powerful remedy in the entire array of remedial law (September 30, 2004)

147

Certiorari Conundrum Part 10

In which the Street Strategist discusses  the phantom appeal and proposes to the Supreme Court his solution to avoid the certiorari conundrum (October 1, 2004)

159