G.R. No. 1156 : January 5, 1903
ISABELO DE LOS REYES, petitioner, vs. FELIX M. ROXAS, judge of the Court of First Instance of Rizal, respondent.

FACTS:
The petitioner, Isabelo de los Reyes, filed a petition for certiorari against Judge Felix M. Roxas. The complaint alleged that the judge, in a case where the petitioner was convicted, refused to hear the witnesses presented for the defense. The complaint did not allege that the court which convicted the petitioner lacked jurisdiction over the case, nor did it allege any affirmative act by the judge performed outside of his jurisdiction.

ISSUE:
Whether a writ of certiorari is the proper remedy to correct the alleged error of the trial judge in refusing to hear the defendant’s witnesses.

RULING:
No. The Supreme Court denied the petition. The Court held that the remedy of certiorari is not applicable in this case. The alleged refusal of the judge to hear the defense witnesses, even if true, constitutes an error committed in the exercise of a jurisdiction which the court lawfully possessed. Certiorari lies only for the correction of errors of jurisdiction, or grave abuse of discretion amounting to lack or excess of jurisdiction, not errors of judgment. Since the complaint failed to allege any lack of jurisdiction or any affirmative act outside the judge’s jurisdiction, the proper remedy for such an error, if any, is not certiorari but appeal.