Title
Abogaa vs. Sam
Case
G.R. No. L-3658
Decision Date
Dec 23, 1950
In the case of Abogaa v. Sam, the petitioners' request for a writ of certiorari and mandamus was denied by the court, which emphasized that the denial of their motion to reinstate the complaint could be corrected through an appeal, rendering the extraordinary legal remedy of certiorari unnecessary.
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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

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