where an appeal would be slow inadequate and insufficient e where the issue

Where an appeal would be slow inadequate and

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) where an appeal would be slow, inadequate, and insufficient; ( e ) where the issue raised is one purely of law; ( f ) where public interest is involved; and ( g ) in case of urgency. Specifically, the Court has held that the availability of appeal as a remedy does not constitute sufficient ground to prevent or preclude a party from making use of certiorari if appeal is not an adequate remedy, or an equally beneficial, or speedy remedy. It is inadequacy, not the mere absence of all other legal remedies and the danger of failure of justice without the writ, that must usually determine the propriety of certiorari . A remedy is plain, speedy and adequate if it will promptly relieve the petitioner from the injurious effects of the judgment, 583
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VOL. 655, AUGUST 17, 2011 583 Heirs of Spouses Teofilo M. Reterta and Elisa Reterta vs. Spouses Lorenzo Mores and Virginia Lopez order, or resolution of the lower court or agency. It is understood, then, that a litigant need not mark time by resorting to the less speedy remedy of appeal in order to have an order annulled and set aside for being patently void for failure of the trial court to comply with the Rules of Court . Same; Verily, the instances in which certiorari will issue cannot be defined, because to do so is to destroy the comprehensiveness and usefulness of the extraordinary writ —the wide breadth and range of the discretion of the court are such that authority is not wanting to show that certiorari is more discretionary than either prohibition or mandamus, and that in the exercise of superintending control over inferior courts, a superior court is to be guided by all the circumstances of each particular case “as the ends of justice may require.” —Nor should the petitioner be denied the recourse despite certiorari not being available as a proper remedy against an assailed order, because it is better on balance to look beyond procedural requirements and to overcome the ordinary disinclination to exercise supervisory powers in order that a void order of a lower court may be controlled to make it conformable to law and justice. Verily, the instances in which certiorari will issue cannot be defined, because to do so is to destroy the comprehensiveness and usefulness of the extraordinary writ. The wide breadth and range of the discretion of the court are such that authority is not wanting to show that certiorari is more discretionary than either prohibition or mandamus , and that in the exercise of superintending control over inferior courts, a superior court is to be guided by all the circumstances of each particular case “as the ends of justice may require.” Thus, the writ will be granted whenever necessary to prevent a substantial wrong or to do substantial justice .
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