Practice question
A litigant lets an available ordinary appeal lapse, then files Rule65 solely to relitigate factual findings. No grave abuse or recognized basis for exceptional use is shown. He argues that calling the judgment void restores his lost review period. Which is best?
- Any lost appeal automatically creates certiorari
- The word void conclusively establishes a jurisdiction defect
- Certiorari cannot be used as a routine substitute for a lost appeal to correct mere judgment errors
- All final judgments must reopen on demand
- Every factual disagreement is outside jurisdiction
Legal references
- Rule65 Section1; G.R.169649/185594, main decision: https://lawphil.net/judjuris/juri2023/jan2023/gr_169649_2023.html
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