Common use of The Petition Clause in Contracts

The Petition. The petitioner argues that the CA gravely erred in dismissing his petition for certiorari that challenged the RTC ruling ordering the payment of attorney’s fees. He maintains his argument that the RTC committed grave abuse of discretion because: (1) it granted Atty. Xxxxxxx’s claim for attorney’s fees despite lack of jurisdiction due to non-payment of docket fees; (2) it granted the claim for attorney’s fees without requiring a full- blown trial and without considering his advance payments; and (3) it issued the writ of execution before the lapse of the reglementary period. The petitioner also points out that the CA nullified the RTC’s release order in CA-G.R. SP No. 108734. In his Comment dated September 8, 2010, Atty. Xxxxxxx adopted the CA’s position in its October 16, 2009 Decision. OUR RULING We observe that the petitioner used the wrong remedy to challenge the CA’s decision and resolution. The petitioner filed a petition for certiorari under Rule 65, not a petition for review on certiorari under Rule 45. A special civil action for certiorari is a remedy of last resort, available only to raise jurisdictional issues when there is no appeal or any other plain, speedy, and adequate remedy under the law.