"1. REMEDIAL LAW; CERTIORARI; PETITIONERS ARE RIGHTFULLY ENTITLED TO THE RECOURSE AVAILED OF AS IT IS PART OF THE SUPERVISORY AUTHORITY OF THE COURT TO CORRECT THE ERROR COMMITTED. — Private respondents correctly cited the general rule in elevating cases to this Court. The rule, however, admits of exceptions, such as when the court, in denying the motion to dismiss acts without or in excess of jurisdiction or with grave abuse of discretion. In such an instance, certiorari becomes available in order to relieve the defendant of the trouble of undergoing the ordeal and expense of a useless trial. As will be seen in the subsequent discussion, petitioners are rightfully entitled to the recourse availed of as it is part of the supervisory authority of the Court to correct the error committed."
Source -
[G.R. No. 96921. January 29, 1993.]
DEVELOPMENT BANK OF THE PHILIPPINES, NATIONAL DEVELOPMENT COMPANY and NATIONAL STEEL CORPORATION, Petitioners, v. JUDGE AMIR PUNDOGAR, in his capacity as Presiding Judge of the Regional Trial Court of Iligan City, 12th Judicial Region, Branch III, FERNANDO JACINTO, JACINTO STEEL, INC., and ILIGAN INTEGRATED STEEL MILLS, INC., Respondents.
Office of the Government Corporate Counsel for petitioners.
Link - chanrobles.com.
https://www.chanrobles.com/cralaw/1993januarydecisions.php?id=68
