Ampatuan - Amcow V. GCC - Full text.pdf - G.R No 207132 December 6 2016 ASSOCIATION OF MEDICAL CLINICS FOR OVERSEAS WORKERS INC(AMCOW represented herein

Ampatuan - Amcow V. GCC - Full text.pdf - G.R No 207132...

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G.R. No. 207132.December 6, 2016.*ASSOCIATIONOFMEDICALCLINICSFOROVERSEASWORKERS,INC.(AMCOW),representedhereinbyitsPresident,DR.ROLANDOVILLOTE,petitioner,vs.GCCAPPROVEDMEDICALCENTERSASSOCIATION, INC. and CHRISTIAN CANGCO,respondents.G.R. No. 207205.December 6, 2016. *HON.ENRIQUET.ONA,inhiscapacityasSecretary of the Department of Health, petitioner,vs.GCCAPPROVEDMEDICALCENTERSASSOCIATION,INC.andCHRISTIANE.CANGCO, respondents.RemedialLaw;SpecialCivilActions;Certiorari;Prohibition; Certiorari and prohibition — now recognizedand regulated as remedies under Rule 65 of our Rules ofCourt — have been characterized as “supervisory writs”used by superior courts to keep lower courts within theconfines of their granted jurisdictions, thereby ensuringorderliness in lower courts’ rulings.—The use of petitionsforcertiorariand prohibition under Rule 65 is a remedythat judiciaries have used long before our Rules of Courtexisted.Asfootnotedbelow,thesewritsnowrecognized and regulated as remedies under Rule 65 ofourRulesofCourthavebeencharacterizeda“supervisory writs” used by superior courts to keep lowercourts within the confines of their granted jurisdictions,thereby ensuring orderliness in lower courts’ rulings.
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Same;Same;Same;Same;Thatnospecificprocedural rule has been promulgated to enforce this“expanded” constitutional definition of judicial power andbecause of the commonality of “grave abuse of discretion”as a ground for review under Rule 65 and the courts’expanded jurisdiction, the Supreme Court (SC) — basedon its power to relax its rules — allowed Rule 65 to beused as the medium for petitions invoking the courts’expanded jurisdiction based on its_______________* EN BANC.453VOL. 812, DECEMBER 6, 2016453Association of Medical Clinics for OverseasWorkers, Inc. (AMCOW) vs. GCC Approved MedicalCenters Association, Inc.power to relax its Rules.—Meanwhile that no specificprocedural rule has been promulgated to enforce this“expanded” constitutional definition of judicial power andbecause of the commonality of “grave abuse of discretion”as a ground for review under Rule 65 and the courtsexpanded jurisdiction, the Supreme Court —based on itspower to relax its rules— allowed Rule 65 to be used asthe medium for petitions invoking the courts’ expandedjurisdiction based on its power to relax its Rules. This ishowever anad hocapproach that does not fully considerthe accompanying implications, among them, that Rule65 is an essentially distinct remedy that cannot simplybe bodily lifted for application under the judicial power’sexpanded mode. The terms of Rule 65, too, are not fullyalignedwithwhattheCourt’sexpandedjurisdictionsignifies and requires.
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