Case Digest (G.R. No. L-3658)
Facts:
- Petitioners Eulogio Abogaa, Martin de Cenon, and Roman Maratas filed a request for a writ of certiorari and mandamus against Go Sam and Judge Manuel P. Barcelona of the Court of First Instance of Pasig, Rizal.
- The petitioners sought to reinstate their complaint in a civil case for recovery of overtime wages and one month salary after the defendant, Go Sam, was acquitted in a criminal case for violation of the Eight Hour Labor Law.
Issue:
- (Unlock)
Ruling:
- The court ruled in favor of the respondents and denied the petition for a writ ...(Unlock)
Ratio:
- The court emphasized that the denial of the motion to reinstate the complaint could be corrected through an appeal, which was an available remedy for the petitioners.
- The court reiterated that the extraordinary legal remedy of certiorari, which is a prerogative writ, does not lie when an appeal is available to the aggrieved party.
- The court stated that the denial...continue reading
Case Digest (G.R. No. L-3658)
Facts:
The case of Abogaa v. Sam involves a petition filed by Eulogio Abogaa, Martin de Cenon, and Roman Maratas against Go Sam and Judge Manuel P. Barcelona of the Court of First Instance of Pasig, Rizal. The petitioners sought to reinstate their complaint in civil case No. 970, which was denied by the respondent court after the defendant, Go Sam, was acquitted in criminal case No. 467 for violation of the Eight Hour Labor Law.
Issue:
The main issue raised in the case is whether the petitioners are entitled to a writ of certiorari and mandamus to reinstate their complaint in civil case No. 970.
Ruling:
The Supreme Court, in its decision penned by Justice Padilla, denied the petitioners' request for a writ of certiorari and mandamus.
...