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On 0 )pril '00', the #ourt of )ppeals issued a writ of preli$inar" prohi!itor" in%unction
'
en%oinin& respondents ,ov. I$elda (i$aporo, >ice ,ov. Ti$oteo (acalos, the $e$!ers of the
-rovincial 8oard of Lanao (el Norte, and all other persons actin& for and in their !ehalf, fro$
e9ecutin& or i$ple$entin& the Order of suspension a&ainst petitioner and=or in furtherance
thereof, pendin& ter$ination of the liti&ation unless sooner lifted !" the sa$e #ourt.
On *0 1une '00*, the #ourt of )ppeals
*
pro$ul&ated the assailed decision, part of which is
Auoted hereunder3
8ut unfortunatel", the re$edies of appeal and certiorari are $utuall" e9clusive and not
alternative or successive :O!ando vs. #ourt of )ppeals, *.. S#R) .@*;. 7ore so when
the law, that is the Local ,overn$ent #ode, e9plicitl" provides the proper re$ed" is
appeal and the foru$ to &o is the Office of the -resident.
The rationale of the #ourt of )ppeals in dis$issin& the petition is Auite si$ple. -etitioner should
have appealed the decision of the San&&unian& -anlalawi&an of Lanao (el Norte to the Office of
the -resident pursuant to the Local ,overn$ent #ode.
Sections .:!; and .@:!; of the Local ,overn$ent #ode of BB are &er$ane on the $atter, to
wit3
Sec. .. 6or$ and 6ilin& of )d$inistrative #o$plaints. D ) verified co$plaint a&ainst
an" errin& local elective official shall !e prepared as follows3
. . .
:!; ) co$plaint a&ainst an" elective official of a $unicipalit" shall !e filed !efore the
san&&unian& panlalawi&an whose decision $a" !e appealed to the Office of the
-residentE . . . .
. . .
Sec. .@. )d$inistrative )ppeals. D (ecisions in ad$inistrative cases $a", within thirt"
:*0; da"s fro$ receipt thereof, !e appealed to the followin&3
. . .
:!; The Office of the -resident, in the case of decision of the san&&unian& panlalawi&an
and the san&&unian& panlun&sod of hi&hl" ur!aniFed cities and independent co$ponent
cities.
It is apparent fro$ the fore&oin& provisions of law that the re$ed" of appeal to the Office of the
-resident was availa!le to petitioner. Since appeal was availa!le, resort to filin& a petition for
certiorari, prohi!ition and $anda$us with the #ourt of )ppeals under Rule .5,
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was inapt.
The essential reAuisites for a petition for certiorari under Rule .5 of the BB@ Rules of #ivil
-rocedure are :; the writ is directed a&ainst a tri!unal, a !oard, or an officer e9ercisin& %udicial
or Auasi+%udicial functionsE :'; such tri!unal, !oard, or officer has acted without or in e9cess of
%urisdictionE or with &rave a!use of discretion a$ountin& to lac2 or e9cess of %urisdictionE and :*;
there is no appeal or an" plain, speed", and adeAuate re$ed" in the ordinar" course of law.
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The e9istence and availa!ilit" of the ri&ht of appeal proscri!es a resort to certiorari, !ecause one
of the reAuire$ents for avail$ent of the latter re$ed" is precisel" that there should !e no
appeal.
.
The writ of certiorari dealt with in Rule .5 of the Rules of #ourt is a prero&ative writ, never
de$anda!le as a $atter of ri&ht, Gnever issued e9cept in the e9ercise of %udicial discretion.G
@
Under the circu$stances of this case, petitioner failed to clearl" show that an appeal to the Office
of the -resident was not the plain, speed", and adeAuate re$ed", which would %ustif" %udicial
intervention.
4ell settled is the rule that certiorari will lie onl" when a tri!unal, !oard or officer e9ercisin&
%udicial or Auasi+%udicial functions has acted without or in e9cess of its or his %urisdiction, or with
&rave a!use of discretion a$ountin& to lac2 or e9cess of %urisdiction.
/
)s a condition for the
filin& of a petition for certiorari, Section of Rule .5 of the Rules of #ourt additionall" reAuires
that Gno appeal, nor an" plain, speed" and adeAuate re$ed" in the ordinar" course of lawG $ust
!e availa!le.
B
It is, thus, clear that the availa!ilit" of the ri&ht of appeal precludes recourse to the special civil
action for certiorari.
'0
Lastl", we are not convinced that the e9ceptions to the rule of e9haustion of ad$inistrative
re$edies appl" in this case since the petitioner failed to clearl" show that fle9i!ilit" in its
application is warranted.
45ERE6ORE, findin& no reversi!le error on the part of the #ourt of )ppeals, the ancillar"
reliefs pra"ed for are denied, and the petition is, as it is here!", (IS7ISSE(. #osts a&ainst
petitioner.
SO OR(ERE(.
Austria-Martinez, (Acting Chairman), and Callejo, Sr., JJ., concur.
Puno, (Chairman), J., on official leave.
Tinga, J., on leave.
2oot"ote9