Monday, February 21, 2011

Certiorari

A petition for certiorari is not an action directly affecting title to or right of possession of real property or to quiet title thereto, but it is an action primarily directed against the respondent court. Thus, this Authority ruled in Consulta No. 924 that:

"An action directed specifically against a tribunal, corporation, board or person who is charged with unlawful neglect in the performance of an act enjoined by law as a duty resulting from an office, is by very nature a personal and not the real action required by the Rules of Court and Act 496 (now Sec. 76, PD 1529) for purposes of lis pendens." (LRA Consulta No.2309 dated January 27, 2000)

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