Flashcards Studio

An action for damages is filed in the Regional Trial Court (RTC) of [City], Branch [X], which after trial yields a final judgment in favor of plaintiff. The defendant moves for relief from judgment under Rule 47 on the ground of lack of due process because the defendant was not properly served with summons; The RTC denies the motion. The defendant then files a petition for certiorari under Rule 65 with the Court of Appeals, contending grave abuse of discretion amounting to lack or excess of jurisdiction in the RTC’s denial of the relief from judgment. The petition is set for resolution. (a) Identify the central doctrine governing which post-judgment issues are cognizable on appeal versus via certiorari, and the standard governing certiorari. (b) Distinguish the scope of review permissible on appeal from that permissible on certiorari, with respect to questions of law and questions of fact. (c) Apply the doctrine to the facts: Is certiorari the proper vehicle to challenge the RTC’s denial of the relief from judgment, or would an appeal be the appropriate remedy? Explain your reasoning and the implications for the remedy chosen.