CERTIORARI

1. When can a person file a petition for certiorari?

When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted
without or in excess its or his jurisdiction, or with grave abuse of discretion amounting to lack or
excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in the
ordinary course of law, a person aggrieved thereby may file a verified petition in the proper
court, alleging the facts with certainty and praying that judgment be rendered annulling or
modifying the proceedings of such tribunal, board or officer, and granting such incidental reliefs
as law and justice may require.
2. Basis on the dismissal of petition
The failure of the petitioner to comply with any of the foregoing requirements regarding the
payment of the docket and other lawful fees, deposit for costs, proof of service of the petition,
and the contents of and the documents which should accompany the petition shall be sufficient
ground for the dismissal thereof. The Supreme Court may on its own initiative deny the petition
on the ground that the appeal is without merit, or is prosecuted manifestly for delay, or that the
questions raised therein are too unsubstantial to require consideration
3. What is writ of certiorari?
Often abbreviated as cert., is a type of writ seeking judicial review, recognized in Roman, U.S.,
English, Canadian, Philippine, and other law, meaning an order by a higher court directing a
lower court, tribunal, or public authority to send the record in a given case for review.
4. Conditions
1. Petition shall raise only questions of law which must be distinctly set forth
2. When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted
without or in excess its or his jurisdiction, or with grave abuse of discretion amounting to lack or
excess of jurisdiction
(Bill of Lading)
What is Bill of Lading: it is a documented generated by a shipper detailing the
shipment of a merchandise, giving title to the goods and requiring the carrier to
release the merchandise to a named party at the destination.
Bill of Lading as Receipt
when the goods have been loaded on board of a vessel and that the bill of lading

has been signed and handed to the shipper, there begins its existence as a receipt.
The bill of lading is always dated reflecting the day of completion of loading and the
moment the goods were shipped. It also contains information such as the name of
the vessel, the port of shipment and the port of delivery. It is a receipt for the goods
stating the terms on which they were delivered to and received by the ship.
Bill of Lading as Title (nota bene: naa lain term si mam ani pero either ways same
lang ang name)
When issuing a bill of lading, the shipowner undertakes to the consignor to deliver
the goods on presentation of an original bill of lading at the port of discharge. The
use of words 'to order' or 'to assign' indicates the transferability of the undertaking
which gives the document its character as a document of title
As negotiable instrument:
The bill of lading is unique among transport documents enabling merchants to trade
the goods by trading the document.
Types of bill of Lading:
bearer bill of lading - A bill of lading, which does not identify a consignee but is
merely marked 'to order'. When a bearer bill is transferred to a third party,
constructive possession canbe transferred without the need for indorsement of the
bill.
charterparty bill of lading - A bill of lading, which incorporates the terms of a
charterparty.
charterers bill of lading - A bill of lading, issued by a charterer rather than a
shipowner. Any implied or statutory contract that arises under this document will be
with the charterer, rather than the shipowner.
claused bill of lading - A bill of lading that contains adverse remarks as to the
apparent order and condition of the goods to which it refers, or a bill of lading which
contains qualifications as to the weight or quantity of the goods loaded thereunder.
clean bill of lading - A bill of lading that notes the loading of goods in apparent
good order and condition.
combined transport bill of lading - A bill of lading issued for carriage which will
involve more thanone mode of transport, for example, road and sea carriage.
freight forwarders bill of lading - A bill of lading whereby the contractual carrier
will be a freight forwarder, notwithstanding that this party will play no physical role
inthe actual carriage of the goods.
freight prepaid bill of lading - A bill of lading marked in this manner will generally
prevent the carrier from claiming freigjit from the bill of lading holder or from
exercising a lien over its cargo.
liner bill of lading - A bill of lading under which the carrier is responsible for
loading, stowing and discharging the cargo.
long form bill of lading - A form of bill of lading issued by the carrier setting forth
all the terms of the contract of carriage.

 multimodal or combined transport bill of lading - A through bill of lading which

involves at least two different modes of transport, i.e. road, rail, air and sea.
named (nominate) bill of lading - A bill of lading providing for the delivery of the
goods to a named person, without also specifying "to order or assigns".
ocean bill of lading - A bill of ladingunder which the carriers responsibilities for the
cargo start with its loading and end with its discharge.
ocean through bill of lading - A "pure" ocean through bill of lading is a bill of lading
whereby the issuer undertakes to be responsible for the carriage of goods by
successive ocean carriers from the point of reception to final destination.
order bill of lading - A bill of lading which names a consignee, for example, 'to X or
order'. The bill of lading must be indorsed by the consignee, by signing the reverse
of the bill, when it transfers the document to a third party.
received for shipment bill of lading - A bill of lading which records receipt of the
goods by the carrier at a time prior to that at which they are loaded onto the
carrying vessel.
shipped bill of lading - A bill of lading which records receipt of the goods by the
carrier at the time they are loaded onto the carrying vessel.
shipowners bill of lading - A bill of lading under which the shipowner is
thentractual carrier.
short form bill of lading - A form of bill of lading (supra) issued by the carrier
incorporating by reference the terms of the contract of carriage set forth in the
carriers long form bill of lading.
spent bill of lading - A bill of lading which can no longer be used to transfer
constructive possession in the goods which it represents, for example, where the
person entitled to possession of those goods receives the bill of lading after it has
actually taken delivery of the goods.
straight bill of lading - A bill of lading, which names a consignee but is not a
document of title due to the absence of words such as 'to order'. Such a document
is very similar to a waybill, save that delivery still has to be made against
production of an original bill of lading.
through bill of lading - A bill of lading that is issued when the carriage will involve
transshipment. Depending on the terms of the bill, the initial carrier may continue to
be liable after transshipment.
Q: What is co-ownership?
A: There is co-ownership whenever the ownership of an undivided thing or right
belongs to different persons. In default of contracts, or of special provisions, coownership shall be governed by the provisions of this Title. (392)
Q: Is consent for preservation required for co-ownership?
A: No, A co-owner has a right to compel the others to share in the expenses of
preservation, even if incurred without prior notification to them but he must notify if
practicable. Covers only necessary expenses. Art. 488

Q: Is repair need for consent?

A: yes, Repairs for preservation may be made at the will of one of the co-owners,
but he must, if practicable, first notify his co-owners of the necessity for such
repairs. Expenses to improve or embellish the thing shall be decided upon by a
majority as determined in Article 492. (n)
Q: What is the share or benefits of charges in co-ownership?
A: The share of the co-owners, in the benefits as well as in the charges, shall be
proportional to their respective interests ( Art 485).
Q: Does a co-owner has a full ownership on his parts?
A: Art. 493. Each co-owner shall have the full ownership of his part and of the fruits
and benefits pertaining thereto, and he may therefore alienate, assign or mortgage
it, and even substitute
another person in its enjoyment, except when personal rights are involved. But the
effect of the alienation or the mortgage, with respect to the co-owners, shall be
limited to the portion which may
be alloted to him in the division upon the termination of the co-ownership.`