Supreme Court decision · Remedial Law

Isabelo De Los Reyes v. Felix M. Roxas

G.R. No. 1156 · Promulgated January 5, 1903 · Ponente: Willard

In brief

This case is about the denial of a certiorari petition challenging a judge's refusal to hear witnesses, ruling that the error was within the judge's jurisdiction and thus not removable by certiorari.

Jurisdiction, Certiorari, Judicial Error, Court Procedure, Trial Rights

Related cases

G.R. No. L-551 Deveza v. Guinoo (Previous decision in Remedial Law)
G.R. No. 1118 Gonzalez v. Crisanto (Next decision in Remedial Law)

Full text

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. 1156 January 5, 1903

ISABELO DE LOS REYES, petitioner,
vs. FELIX M. ROXAS, judge of the Court of First Instance of Rizal, respondent.

Rafael Palma, for petitioner. Felix M. Roxas, respondent.

WILLARD, J.:

The complaint in this case does not allege that the court which convicted the petitioner had no jurisdiction to try the case. Neither does it allege that in the prosecution of the case there has been any affirmative action by the judge outside of his jurisdiction. It simply alleges that he has failed to take action; that he has refused to hear the witnesses for the defendant. This, if true, would constitute error, but it would be error committed by the judge in the exercise of a jurisdiction which he possessed. The remedy by certiorari does not apply to this case. The petition is denied.

Arellano, C.J., Torres, Cooper, Mapa, and Ladd, JJ., concur.