PHILIPPINES Law and Practice Contributed by: Ricardo Ma. P.G. Ongkiko, Ramon G. Songco, Anthony W. Dee and Russel L. Rodriguez, SyCip Salazar Hernandez & Gatmaitan
The Supreme Court’s review of the decision or resolu - tion of the Court of Appeals by way of appeal is not a matter of right, but of sound judicial discretion, and will be granted only for serious and compelling rea - sons resulting in grave prejudice to an aggrieved party. The following are indicative grounds that may justify the Supreme Court to exercise its discretionary power of review where the Court of Appeals: • failed to apply the applicable standard or test for judicial review prescribed in the Special ADR Rules in arriving at its decision resulting in substantial prejudice to the aggrieved party; • erred in upholding a final order or decision despite the lack of jurisdiction of the court that rendered such final order or decision; • failed to apply any provision, principle, policy or rule contained in the Special ADR Rules resulting in substantial prejudice to the aggrieved party; and • committed an error so egregious and harmful to a party as to amount to an undeniable excess of jurisdiction.
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