Practice question
A losing party has a plain, speedy and adequate appeal but selects certiorari solely to obtain another appraisal of evidence. No jurisdictional error or exceptional circumstance is shown. Which is best?
- Certiorari automatically replaces any available appeal
- Calling an error grave conclusively establishes abuse
- Every unfavorable credibility finding is jurisdictional
- Certiorari is improper on these facts
- The court must retry facts whenever requested
Legal references
- Rule65 Section1: https://lawphil.net/courts/rules/rc_1-71_civil.html
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