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ERROR OF JUDGMENT
Meaning, when a court has no jurisdiction but insists in handling the case, that is a mistake
by the trial court. It is called an error of jurisdiction.
Now, suppose a court has jurisdiction over the case but the decision is wrong it applied
the wrong provision of the law, or interpretation of evidence. This is not an error of jurisdiction
because the court has authority. But in the exercise of its jurisdiction, it committed several
errors. This is now what you call an error of judgment.
The principle came out in the bar. This error should have been raised on ordinary appeal,
not by certiorari because certiorari is only confined to correcting errors of jurisdiction or grave
abuse of discretion. The governing rule is that the remedy of certiorari is not available when
the remedy of appeal is available. And when the remedy of appeal is lost, you cannot revive it
by resorting to certiorari because certiorari is not a substitute for the lost remedy of appeal.
So, the remedies given by the law are different. These are basic terms which you should
remember.
EXAMPLE: The RTC of Davao is composed of several branches eleven to twelve judges.
But technically, there is only one court the RTC of Davao. We do not consider branches as
separate courts.
Q: Now, if the case is filed and is assigned to Branch 8, can that case later be transferred and
continued in Branch 9?
A: Ah YES, because you never leave the same court. You are still in the same court. This is
because jurisdiction is not with the judge. It is with the court itself.