"x x x.
In People v. Court of Appeals[5], this Court reversed petitioner’s acquittal by the CA as it was made with grave abuse of discretion. This Court explained that an acquittal via a Petition for Certiorari is not allowed because “the authority to review perceived errors of the trial court in the exercise of its judgment and discretion x x x are correctible only by appeal by writ of error[6].” Thus, in filing a Petition for Certiorari instead of an appeal, petitioner availed of the wrong remedy. Thus:
In this case, the RTC rendered judgment finding all the accused, respondents herein, guilty of the crime charged based on the evidence on record and the law involved, and sentenced them to suffer the penalty of imprisonment as provided for in P.D. No. 705, in relation to Articles 304 and 305 of the Revised Penal Code. They had a plain, speedy and adequate remedy at law to overturn the decision as, in fact, they even filed a motion for reconsideration of the decision on its merits, and for the nullification of the promulgation of the said decision. Upon the trial court’s denial of their motion for reconsideration, the petitioners had the right to appeal, by writ of error, from the decision on its merits on questions of facts and of law. The
appeal of the petitioners in due course was a plain, speedy and adequate remedy. In such appeal, the petitioners could question the findings of facts of the trial court, its conclusions based on the said findings, as well as the penalty imposed by the court. It bears stressing that an appeal in a criminal case throws the whole case open for review and that the appellate court can reverse any errors of the trial court, whether assigned or unassigned, found in its judgment. However, instead of appealing the decision by writ of error, the respondents filed their petition for certiorari with the CA assailing the decision of the trial court on its merits.They questioned their conviction and the penalty imposed on them, alleging that the prosecution failed to prove their guilt for the crime charged, the evidence against them being merely hearsay and based on mere inferences. In fine, the respondents alleged mere errors of judgment of the trial court in their petition. It behooved the appellate court to have dismissed the petition, instead of giving it due course and granting it.
x x x."
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