In the Philippine legal system, understanding the proper remedies for appealing court decisions is crucial. The Supreme Court in Villamar-Sandoval v. Cailipan clarifies that certiorari and appeal are mutually exclusive remedies, meaning a party cannot pursue both simultaneously or successively. If an appeal is available, certiorari is not an option, and filing an appeal renders a pending certiorari petition moot. This decision underscores the importance of selecting the correct legal avenue to avoid procedural errors and ensure a case is properly heard.

Navigating Legal Avenues: When Does an Appeal Supersede a Certiorari Petition?

The case arose from a damages complaint filed by Irene Villamar-Sandoval against Jose Cailipan and others, alleging libel. During the trial, a series of procedural missteps occurred, including the late filing of an answer and the failure of the respondents’ counsel to attend a pre-trial conference. The Regional Trial Court (RTC) declared the respondents in default, a decision they challenged through a certiorari petition in the Court of Appeals (CA). Simultaneously, they filed a notice of appeal with the CA, leading to a situation where both remedies were being pursued concurrently. This procedural overlap raised the central question of whether the appeal rendered the certiorari petition moot.

The Supreme Court addressed the issue of whether the respondents’ petition for certiorari was an improper remedy or had become moot due to the RTC’s decision and the subsequent appeal. The Court emphasized the fundamental principle that appeal and certiorari are mutually exclusive. As the Court stated:

It is well-settled that the remedies of appeal and certiorari are mutually exclusive and not alternative or successive. The simultaneous filing of a petition for certiorari under Rule 65 and an ordinary appeal under Rule 41 of the Revised Rules of Civil Procedure cannot be allowed since one remedy would necessarily cancel out the other. The existence and availability of the right of appeal proscribes resort to certiorari because one of the requirements for availment of the latter is precisely that there should be no appeal.

Building on this principle, the Court explained that the availability of an appeal generally precludes the use of certiorari. The reason for this is that certiorari is designed to address grave abuses of discretion where no other adequate remedy exists. Once an appeal is filed, it provides a means to correct errors made by the lower court, making a separate certiorari petition unnecessary.

Furthermore, the Court highlighted that an appeal renders a pending petition for certiorari superfluous, mandating its dismissal. In Enriquez v. Rivera, the Supreme Court articulated this rule clearly:

Appeal renders superfluous a pending petition for certiorari, and mandates its dismissal. In the light of the clear language of Rule 65 (1), this is the only reasonable reconciliation that can be effected between the two concurrent actions: the appeal has to be prosecuted, but at the cost of the petition for certiorari, for the petition has lost its raison d’etre. To persevere in the pursuit of the writ would be to engage in an enterprise which is unnecessary, tautological and frowned upon by the law.

In the case at bar, the Supreme Court found that the respondents’ January 11, 2011 petition for certiorari was rendered superfluous by their January 22, 2011 appeal. Even though the respondents initially filed the certiorari petition before the RTC’s decision was received, their subsequent appeal nullified the need for the certiorari action. The proper course of action would have been to either withdraw the certiorari petition or consolidate it with the appealed case.

The Court also addressed the issue of mootness. The respondents’ petition for certiorari had become moot due to the RTC’s January 11, 2011 decision. Granting the petition for certiorari on procedural matters would not provide any practical relief because a decision had already been rendered on the main case. As such, the Court found no reason to dwell further on the issue of grave abuse of discretion in issuing the default orders, as that matter could be properly ventilated on appeal.

The Supreme Court cited several cases to support its position, including Magestrado v. People and Balindong v. Dacalos, reinforcing the principle that appeal and certiorari are mutually exclusive. The Court emphasized that allowing the simultaneous pursuit of both remedies would be a procedural aberration, allowing parties to benefit from their own neglect or omission.

The decision provides clarity on the procedural requirements for seeking legal remedies in the Philippines. It serves as a reminder that choosing the correct legal avenue is critical, and that pursuing multiple remedies simultaneously can lead to the dismissal of a case. Litigants must carefully consider their options and ensure that they comply with the procedural rules to protect their rights.

The Court also acknowledged that exceptional circumstances exist where certiorari may be available even if an appeal is possible. These exceptions include cases where public welfare and the advancement of public policy so dictate, or where the orders complained of were found to be completely null and void. However, these exceptions were not applicable in the present case.

In summary, the Supreme Court’s decision in Villamar-Sandoval v. Cailipan reinforces the principle that certiorari and appeal are mutually exclusive remedies. Litigants must choose the correct legal avenue to avoid procedural errors and ensure that their case is properly heard. The filing of an appeal renders a pending petition for certiorari moot, and parties must either withdraw the certiorari petition or consolidate it with the appealed case. The decision also highlights the importance of complying with procedural rules and seeking legal advice to protect one’s rights.

FAQs

What was the key issue in this case?	The key issue was whether a petition for certiorari was rendered moot by the filing of a subsequent appeal, given that these remedies are generally mutually exclusive. The Supreme Court clarified the proper procedure when both remedies are pursued.
What is the difference between certiorari and appeal?	Certiorari is a remedy used to correct grave abuses of discretion by a lower court when there is no other adequate remedy, while an appeal is a process to review and correct errors of judgment made by a lower court. Certiorari is generally available only when an appeal is not possible.
Can a party file both a certiorari petition and an appeal at the same time?	No, the remedies of certiorari and appeal are mutually exclusive and cannot be pursued simultaneously. Filing an appeal renders a pending petition for certiorari superfluous and subject to dismissal.
What should a party do if they have filed a certiorari petition and then decide to appeal?	The party should either withdraw the certiorari petition or file a motion to consolidate the certiorari case with the appealed case. Failure to do so may result in the certiorari petition being dismissed.
What happens if a court declares a party in default?	A declaration of default means that the defaulting party loses the right to present evidence and participate in the trial. The court may then proceed to hear the case ex parte based on the evidence presented by the non-defaulting party.
What is the significance of a pre-trial conference?	A pre-trial conference is a crucial step in the litigation process where parties and their lawyers meet with the court to discuss and simplify the issues, explore settlement possibilities, and prepare for trial. Failure to attend or file a pre-trial brief can have significant consequences, such as being declared in default.
What does the term “moot” mean in legal terms?	A case becomes moot when it no longer presents a live controversy or when the issues have become academic or settled. In such cases, courts generally decline to rule on the merits because no practical relief can be granted.
Are there exceptions to the rule that certiorari is not available when an appeal is possible?	Yes, there are exceptions, such as when public welfare and the advancement of public policy so dictate, or when the orders complained of were found to be completely null and void. However, these exceptions are narrowly construed and rarely applied.

The Supreme Court’s decision in Villamar-Sandoval v. Cailipan serves as a vital reminder of the importance of understanding and adhering to procedural rules in Philippine litigation. By clarifying the mutually exclusive nature of certiorari and appeal, the Court has provided clear guidance for litigants and legal practitioners alike. Careful consideration of available remedies and strict compliance with procedural requirements are essential to ensure a fair and efficient resolution of legal disputes.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: IRENE VILLAMAR-SANDOVAL VS. JOSE CAILIPAN, G.R. No. 200727, March 04, 2013