PHILIPPINE SUPREME COURT JURISPRUDENCE

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EN BANC

G.R. No. 40368           September 23, 1933

ANACLETO PIIT, ET AL. Petitioners, vs. VICENTE B. DE LARA, Justice of the Peace of Cagayan, Oriental Misamis and CLEOFE VELEZ, administratrix of the intestate estate of Ramon Neri San Jose, Respondents.

HULL, J.:chanrobles virtual law library

This is an original action for a writ of certiorari, praying that the writ of preliminary injunction issued by the respondent justice of the peace against the petitioners be declared null and void, on the ground that the same was issued in excess of his jurisdiction.chanroblesvirtualawlibrarychanrobles virtual law library

Our jurisdiction in this case is concurrent with that of the Court of First Instance of Oriental Misamis, and no showing is made why application for a writ prayed for should not have submitted to that court. There are many reasons why all errors committed by justices of the peace should be corrected by the Courts of First Instance, under whose supervision such inferior courts function.chanroblesvirtualawlibrarychanrobles virtual law library

As the writ of certiorari is not one of right but lies within our judicial discretion, we will decline to entertain applications such as here presented unless the case is shown to be exceptional and our action in the first instance necessary in the furtherance of justice.chanroblesvirtualawlibrarychanrobles virtual law library

Malcolm, Villa-Real, Abad Santos, and Imperial, JJ., concur.