ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
October-2001 Jurisprudence                 

  • G.R. No. 137841 October 1, 2001 - PEOPLE OF THE PHIL. v. ALBERTO CHUA

  • G.R. No. 117512 October 2, 2001 - REBECCA ALA-MARTIN v. HON. JUSTO M. SULTAN

  • G.R. No. 120098 October 2, 2001 - RUBY L. TSAI v. HON. COURT OF APPEALS EVER TEXTILE MILLS

  • G.R. No. 124037 October 2, 2001 - PEOPLE OF THE PHILIPPINES v. REYNALDO DE GUZMAN

  • G.R. No. 126592 October 2, 2001 - ROMEO G. DAVID v. JUDGE TIRSO D.C. VELASCO, ET AL.

  • G.R. No. 129900 October 2, 2001 - JANE CARAS y SOLITARIO v. HON. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES

  • G.R. No. 133000 October 2, 2001 - PATRICIA NATCHER petitioner v. HON. COURT OF APPEALS AND THE HEIRS OF GRACIANO DEL ROSARIO-LETICIA DEL ROSARIO

  • G.R. No. 133895 October 2, 2001 - ZENAIDA M. SANTOS v. CALIXTO SANTOS, ET AL.

  • G.R. Nos. 135522-23 October 2, 2001 - PEOPLE OF THE PHIL. v. AMORSOLO G. TORRES

  • G.R. No. 137777 October 2, 2001 - THE PRESIDENTIAL AD-HOC FACT FINDING COMMITTEE, ET AL. v. THE HON. OMBUDSMAN ANIANO DESIERTO, ET AL.

  • G.R. No. 138322 October 2, 2001 - GRACE J. GARCIA v. REDERICK A. RECIO

  • G.R. No. 138929 October 2, 2001 - PEOPLE OF THE PHIL. v. FLORENTINO DEL MUNDO

  • G.R. No. 139050 October 2, 2001 - REPUBLIC OF THE PHILIPPINES v. THE COURT OF TAX APPEALS and AGFHA

  • G.R. No. 142877 October 2, 2001 - JINKIE CHRISTIE A. DE JESUS and JACQUELINE A. DE JESUS v. THE ESTATE OF DECEDENT JUAN GAMBOA DIZON

  • G.R. No. 125081 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. REMEDIOS PASCUA

  • G.R. No. 128195 October 3, 2001 - ELIZABETH LEE and PACITA YULEE v. REPUBLIC OF THE PHILIPPINES

  • G.R. Nos. 128514 & 143856-61 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. NILO LEONES

  • G.R. Nos. 142602-05 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. BONIFACIO ARIOLA

  • A.M. No. 01-6-192-MCTC October 5, 2001 - Request To Designate Another Judge To Try And Decide Criminal Case No. 3713

  • A.M. No. RTJ-01-1610 October 5, 2001 - ATTY. EDGAR H. TALINGDAN v. JUDGE HENEDINO P. EDUARTE

  • G.R. No. 124498 October 5, 2001 - EDDIE B. SABANDAL v. HON. FELIPE S. TONGCO Presiding Judge

  • G.R. No. 127441 October 5, 2001 - DOROTEO TOBES @ DOTING v. COURT OF APPEALS

  • G.R. No. 130499 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. PAMFILO QUIMSON @ "NOEL QUIMSON

  • G.R. No. 130962 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE REAPOR y SAN JUAN

  • G.R. No. 131040 October 5, 2001 - PEOPLE OF THE PHIL. v. MICHAEL FRAMIO SABAGALA

  • G.R. No. 132044 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. ANTONIO @ Tony EVANGELISTA Y BINAY

  • G.R. No. 132718 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE CASTILLON III and JOHN DOE

  • G.R. Nos. 135452-53 October 5, 2001 - PEOPLE OF THE PHIL. v. IRENEO M. ALCOREZA

  • G.R. No. 139760 October 5, 2001 - FELIZARDO S. OBANDO v. HON. COURT OF APPEALS

  • G.R. No. 144189 October 5, 2001 - R & M GENERAL MERCHANDISE v. COURT OF APPEALS, ET AL.

  • G.R. No. 121948 October 8, 2001 - PERPETUAL HELP CREDIT COOPERATIVE v. BENEDICTO FABURADA

  • G.R. No. 123075 October 8, 2001 - PEOPLE OF THE PHIL. v. PEDRO L. NUELAN

  • G.R. No. 129926 October 8, 2001 - PEOPLE OF THE PHIL. v. NOLE M. ZATE

  • G.R. No. 137599 October 8, 2001 - PEOPLE OF THE PHILIPPINES v. GILBERT BAULITE and LIBERATO BAULITE

  • G.R. No. 138941 October 8, 2001 - AMERICAN HOME ASSURANCE COMPANY v. TANTUCO ENTERPRISES

  • G.R. No. 141297 October 8, 2001 - DOMINGO R. MANALO v. COURT OF APPEALS (Special Twelfth Division) and PAIC SAVINGS AND MORTGAGE BANK

  • A.M. No. 01-9-246-MCTC October 9, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. JUDGE ALIPIO M. ARAGON

  • G.R. No. 138886 October 9, 2001 - PEOPLE OF THE PHILIPPINES v. SP01 WILFREDO LEAÑO SP01 FERDINAND MARZAN SPO1 RUBEN B. AGUSTIN SP02 RODEL T. MADERAL * SP02 ALEXANDER S. MICU and SP04 EMILIO M. RAMIREZ

  • G.R. No. 141182 October 9, 2001 - HEIRS OF PEDRO CUETO Represented by ASUNCION CUETO v. HON. COURT OF APPEALS (SPECIAL FORMER FIRST DIVISION) and CONSOLACION COMPUESTO

  • A.M. No. 99-12-03-SC October 10, 2001 - RE: INITIAL REPORTS ON THE GRENADE INCIDENT THAT OCCURRED AT ABOUT 6:40 A.M. ON DECEMBER 6, 1999

  • G.R. No. 129313 October 10, 2001 - SPOUSES MA. CRISTINA D. TIRONA and OSCAR TIRONA v. HON. FLORO P. ALEJO as Presiding Judge

  • G.R. Nos. 135679 & 137375 October 10, 2001 - PEOPLE OF THE PHILIPPINES v. GODOFREDO RUIZ

  • G.R. No. 136258 October 10, 2001 - PEOPLE OF THE PHIL. v. CARLOS FELICIANO

  • A.M. No. 2001-9-SC October 11, 2001 - DOROTEO IGOY v. GILBERT SORIANO

  • A.M. No. RTJ-99-1485 October 11, 2001 - TEOFILO C. SANTOS v. JUDGE FELICIANO V. BUENAVENTURA

  • G.R. No. 80796 & 132885 October 11, 2001 - PROVINCE OF CAMARINES NORTE v. PROVINCE OF QUEZON

  • G.R. No. 118387 October 11, 2001 - MARCELO LEE v. COURT OF APPEALS and HON. LORENZO B. VENERACION and HON. JAIME T. HAMOY

  • G.R. Nos. 123913-14 October 11,2001

    PEOPLE OF THE PHIL. v. PABLO CALLOS

  • G.R. No. 130415 October 11, 2001 - PEOPLE OF THE PHILIPPINES v. ALVIN YRAT y BUGAHOD and RAUL JIMENA, ET AL.

  • G.R. No. 130562 October 11, 2001 - Brigida Conculada v. Hon. Court Of Appeals

  • G.R. No. 112526 October 12, 2001 - STA. ROSA REALTY DEVELOPMENT CORPORATION v. COURT OF APPEALS

  • G.R. No. 122710 October 12, 2001 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS and REMINGTON INDUSTRIAL SALES CORPORATION

  • G.R. Nos. 134769-71 October 12, 2001 - PEOPLE OF THE PHIL. v. ROBERTO BATION

  • G.R. No. 137843 October 12, 2001 - PEOPLE OF THE PHIL. v. EDUARDO S. AÑONUEVO

  • G.R. No. 139904 October 12, 2001 - PEOPLE OF THE PHIL. v. CONRADO MERCADO

  • G.R. No. 136470 October 16, 2001 - VENANCIO R. NAVA v. COMMISSION ON AUDIT

  • G.R. No. 140794 October 16, 2001 - PEOPLE OF THE PHIL. v. RICARDO T. AGLIDAY

  • A.M. No. P-00-7-323-RTJ October 17, 2001 - RE: RELEASE BY JUDGE MANUEL T. MURO, RTC, BRANCH 54 MANILA, OF AN ACCUSED IN A NON-BAILABLE OFFENSE

  • A.M. No. P-00-1419 October 17, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. MAGDALENA G. MAGNO

  • A.M. No. RTJ-97-1390 & AM RTJ-98-1411 October 17, 2001 - ATTY. CESAR B. MERIS v. JUDGE CARLOS C. OFILADA

  • G.R. No. 123137 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. PO2 ALBERT ABRIOL

  • G.R. No. 124513 October 17, 2001 - ROBERTO ERQUIAGA v. HON. COURT OF APPEALS

  • G.R. No. 127540 October 17, 2001 - EUGENIO DOMINGO v. HON. COURT OF APPEALS

  • G.R. No. 127830 October 17, 2001 - MANOLET LAVIDES v. ERNESTO B. PRE

  • G.R. No. 129069 October 17, 2001 - PEOPLE OF THE PHIL. v. JULIO R. RECTO

  • G.R. No. 129236 October 17, 2001 - PEOPLE OF THE PHIL. v. RAYMUNDO G. DIZON

  • G.R. No. 129389 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. TEODORICO UBALDO

  • G.R. Nos. 132673-75 October 17, 200

    PEOPLE OF THE PHIL. v. DOMINADOR C. GOMEZ

  • G.R. No. 136291 October 17, 2001 - LETICIA M. MAGSINO v. REPUBLIC OF THE PHILIPPINES

  • G.R. No. 136869 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. DENNIS MAZO

  • G.R. No. 141673 October 17, 2001 - MANUEL L. QUEZON UNIVERSITY/AUGUSTO B. SUNICO v. NLRC (Third Division), ET AL.

  • G.R. No. 142726 October 17, 2001 - PEOPLE OF THE PHIL. v. APOLONIO ACOSTA

  • G.R. No. 143190 October 17, 2001 - ANTONIO P. BELICENA v. SECRETARY OF FINANCE

  • G.R. No. 143990 October 17, 2001 - MARIA L. ANIDO v. FILOMENO NEGADO and THE HONORABLE COURT OF APPEALS

  • G.R. Nos. 121039-45 October 18, 2001 - THE PEOPLE OF THE PHILIPPINES v. MAYOR ANTONIO L. SANCHEZ

  • G.R. No. 132869 October 18, 2001 - GREGORIO DE VERA v. COURT OF APPEALS

  • G.R. No. 143486 October 18, 2001 - PEOPLE OF THE PHILIPPINES v. MARIO DUMAGAY TUADA

  • G.R. No. 144735 October 18, 2001 - YU BUN GUAN v. ELVIRA ONG

  • G.R. No. 116285 October 19, 2001 - ANTONIO TAN v. COURT OF APPEALS and the .C.C.P

  • G.R. Nos. 121201-02 October 19, 2001 - THE PEOPLE OF THE PHILIPPINES plaintiff-appellee v. GIO CONCORCIO @ JUN

  • G.R. No. 129995 October 19, 2001 - THE PROVINCE OF BATAAN v. HON. PEDRO VILLAFUERTE

  • G.R. No. 130730 October 19, 2001 - HERNANDO GENER v. GREGORIO DE LEON and ZENAIDA FAUSTINO

  • G.R. No. 133002 October 19, 2001 - PEOPLE OF THE PHILIPPINES v. INTOY GALLO @ PALALAM

  • G.R. No. 137904 October 19, 2001 - PURIFICACION M. VDA. DE URBANO v. GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS)

  • A.M. No. 99-12-497-RTC October 23, 2001 - REQUEST OF JUDGE FRANCISCO L. CALINGIN

  • G.R. No. 121267 October 23, 2001 - SMITH KLINE & FRENCH LABORATORIES v. COURT OF APPEALS, ET AL.

  • G.R. No. 124036 October 23, 2001 - FIDELINO GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 124295 October 23, 2001 - JUDGE RENATO A. FUENTES v. OFFICE OF THE OMBUDSMAN-MINDANAO

  • G.R. No. 125193 October 23, 2001 - MANUEL BARTOCILLO v. COURT OF APPEALS and the PEOPLE OF THE PHILIPPINES

  • G.R. No. 130846 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ROGELIO PAMILAR y REVOLIO

  • G.R. No. 131841 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. RUBEN VILLARMOSA

  • G.R. No. 132373 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. TIRSO ARCAY @ "TISOY" and TEODORO CLEMEN @ "BOY

  • G.R. No. 134740 October 23, 2001 - IRENE V. CRUZ v. COMMISSION ON AUDIT

  • G.R. No. 135481 October 23, 2001 - LIGAYA S. SANTOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 136105 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ANTONIO PAREDES y SAUQUILLO

  • G.R. No. 136337 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. NELSON CABUNTOG

  • G.R. No. 139114 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ROMAN LACAP Y CAILLES

  • G.R. No. 139274 October 23, 2001 - QUEZON PROVINCE v. HON. ABELIO M. MARTE

  • G.R. No. 139329 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ERLINDO MAKILANG

  • G.R. Nos. 140934-35 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. CONDE RAPISORA y ESTRADA

  • A.M. No. RTJ-01-1634 October 25, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. SILVERIO Q. CASTILLO

  • G.R. No. 102367 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. ABUNDIO ALBARIDO and BENEDICTO IGDOY

  • G.R. No. 126359 October 25, 2001 - PEOPLE OF THE PHIL v. CARLITO OLIVA

  • G.R. No. 127465 October 25, 2001 - SPOUSES NICETAS DELOS SANTOS v. COURT OF APPEALS

  • G.R. No. 133102 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. DINDO AMOGIS y CRINCIA

  • G.R. Nos. 134449-50 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. PEDRO HERNANDEZ y PALMA

  • G.R. No. 135813 October 25, 2001 - FERNANDO SANTOS v. Spouses ARSENIO and NIEVES REYES

  • G.R. No. 135822 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. PIO DACARA y NACIONAL

  • G.R. Nos. 137494-95 October 25, 2001 - THE PEOPLE OF THE PHILIPPINES v. SOTERO REYES alias "TURING"

  • G.R. Nos. 142741-43 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. ROMEO MANAYAN

  • A.M. No. P-01-1474 October 26, 2001 - ANTONIO C. REYES v. JOSEFINA F. DELIM

  • G.R. No. 120548 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. JOSELITO ESCARDA

  • G.R. Nos. 121492 & 124325 October 26, 2001 - BAN HUA UY FLORES v. JOHNNY K.H. UY

  • G.R. No. 132169 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. SANICO NUEVO @ "SANY

  • G.R. No. 133741-42 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. LINO VILLARUEL

  • G.R. No. 134802 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. RENATO Z. DIZON

  • G.R. No. 135920 October 26, 2001 - ENCARNACION ET AL. v. SEVERINA REALTY CORPORATION

  • G.R. No. 140719 October 26, 2001 - NICOLAS UY DE BARON v. COURT OF APPEALS

  • G.R. No. 140912 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. RODRIGO DIAZ Y SEVILLETA

  • G.R. No. 141540 October 26, 2001 - EDUARDO TAN v. FLORITA MUECO and ROLANDO MUECO

  • G.R. No. 143231 October 26, 2001 - ALBERTO LIM v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 144237 October 26, 2001 - WINSTON C. RACOMA v. MA. ANTONIA B. F. BOMA

  • G.R. Nos. 146319 & 146342 October 26, 2001 - BENJAMIN E. CAWALING v. THE COMMISSION ON ELECTIONS

  • G.R. No. 146593 October 26, 2001 - UNITED COCONUT PLANTERS BANK v. ROBERTO V. ONGPIN

  •  





     
     

    G.R. No. 139760   October 5, 2001 - FELIZARDO S. OBANDO v. HON. COURT OF APPEALS

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 139760. October 5, 2001.]

    FELIZARDO S. OBANDO, JUAN S. OBANDO and THE ESTATE OF ALEGRIA STREBEL Vda. DE FIGUERAS, Petitioners, v. HON. COURT OF APPEALS, HON. PRESIDING JUDGE OF RTC-MANILA, BRANCH 17, ESTATE and/or HEIRS OF EDUARDO FIGUERAS & HEIRS OF FRITZ STREBEL, Respondents.

    D E C I S I O N


    YNARES-SANTIAGO, J.:


    This is a petition for certiorari and mandamus, seeking the annulment of the Decision and Resolution of the Court of Appeals in CA-G.R. SP No. 49896 dated May 7, 1999 1 and August 13, 1999, 2 and praying that respondent Judge of the Regional Trial Court of Manila, Branch 17, be ordered to give due course to petitioners’ notice of appeal.

    Jose Figueras died testate on January 8, 1964, leaving as heirs Alegria Strebel Vda. de Figueras, his second wife, and Francisco and Eduardo Figueras, his two legitimate children by his first wife, Rosario Francisco.

    Sometime in June 1965, Francisco Figueras instituted Special Proceeding No. 61567, a petition for probate of the last will and testament of Jose Figueras.

    Alegria Strebel Vda. de Figueras died on May 11, 1979. Petitioner Felizardo Obando instituted on May 25, 1979 a petition for probate of the last will and testament of Alegria which was docketed as Special Proceeding No. 123948 of the then Court of First Instance of Manila. Felizardo claimed that he and his brother, Juan, are the children of Alegria’s sister, Susan Strebel, and that they have been named as heirs in Alegria’s will.

    The two probate proceedings were consolidated before the Regional Trial Court of Manila, Branch 17. Eduardo Figueras and Felizardo Obando were appointed as co-administrators of the consolidated estates of the deceased spouses.

    On April 11, 1991, Felizardo filed with the probate court a motion for the removal of Eduardo Figueras as his co-administrator, on the ground that he was suffering from a heart ailment which prevented him from going to court; that Eduardo failed to prevent the foreclosure of the estate’s property in Marikina and failed to account for rentals received on behalf of the estate; that Eduardo instituted ejectment proceedings against a lessee of the estate without naming Felizardo as co-administrator; and that Eduardo was convicted of the crime of rebellion.

    Meanwhile, the National Bureau of Investigation found that the last will and testament of Alegria was a forgery. This finding was affirmed by the Philippine Constabulary Crime Laboratory. Hence, on July 26, 1990. criminal charges for falsification were filed against petitioners Felizardo and Juan Obando who were thereafter convicted of falsification.

    In turn, Eduardo Figueras and intervenor Fritz Strebel filed on June 29, 1991, a motion to remove Felizardo as co-administrator, citing as ground Felizardo’s failure to account for the rentals received from the Community of Learners, a lessee of the estate, in the amount of P313,000.00; and the conviction of Felizardo and Juan Obando for falsifying the last will and testament of Alegria Strebel Vda. de Figueras.

    In an Order dated December 17, 1997, 3 the probate court denied the motion to remove Eduardo Figueras, and granted the motion to remove Felizardo Obando as administrator.

    Felizardo filed a motion for reconsideration of the aforesaid Order which was denied on February 5, 1998. 4 Further, the probate court dismissed Special Proceeding No. 123948, i.e., the petition for probate of the last will and testament of Alegria Strebel Vda. de Figueras, on the ground that the same was forged.

    Felizardo filed an Urgent Motion for Reconsideration, which the probate court denied for being actually a second motion for reconsideration. 5 The probate court also denied Felizardo’s motion for reconsideration of the order dismissing Special Proceeding No. 123948.

    Again, Felizardo filed a motion for reconsideration of his removal as administrator, as well as the order dismissing Special Proceeding No. 123948. On July 17, 1998, 6 the probate court issued an Order denying the aforesaid motions.

    Thus, on August 6, 1998, Felizardo filed a Notice of Appeal against all the foregoing orders of the probate court. In an Order dated August 27, 1998, 7 the probate court denied due course thereto, finding that the second and third motions for reconsideration, being prohibited under the Rules, did not toll the reglementary period to appeal. Hence, the order removing him as administrator and dismissing Special Proceeding No. 123948 had already become final.

    Petitioners filed with the Court of Appeals, on December 15, 1998, a petition for certiorari and mandamus, docketed as CA-G.R. SP No. 49896, raising the following issues:chanrob1es virtual 1aw library

    I) MAY THE PUBLIC RESPONDENT COURT BE ORDERED TO GIVE DUE COURSE TO PETITIONERS’ APPEAL AND ELEVATE THE SAME TO THIS HONORABLE COURT?

    II) WERE PETITIONERS’ NOTICE OF APPEAL AND RECORD ON APPEAL SEASONABLY FILED AND SUBMITTED?

    III) WERE PETITIONERS’ MOTIONS FOR RECONSIDERATION OF THE PREVIOUS ORDERS OF DECEMBER 17, 1997, FEBRUARY 5, 1998, APRIL 6, 1998 AND LATELY THE ORDER OF AUGUST 27, 1998 PROSCRIBED BY THE RULES AS BEING IN THE CONCEPT OF PRO FORMA MOTIONS?

    IV) ARE PETITIONERS ENTITLED TO APPEAL AS A MATTER OF FACT? 8

    On May 7, 1999, the Court of Appeals rendered the assailed Decision dismissing the petition. Petitioners filed a Motion for Reconsideration which, however, was denied for lack of merit. Hence, this petition.

    Petitioners invoke previous rulings of this Court which relate to the liberal construction of rules of procedure. There is, however, nothing in the case at bar which would warrant the application thereof, which is the exception rather than the rule.

    Indeed, the Rules of Court are explicit that a second motion for reconsideration shall not be allowed. 9 In this case, petitioners filed not only a second motion for reconsideration, but a third motion for reconsideration as well. Since the period to appeal began to run from the denial of the first motion for reconsideration, consequently, petitioners’ Notice of Appeal filed six months later was correctly denied by the probate court for being late.

    We quote with approval the following ruling of the Court of Appeals:chanrob1es virtual 1aw library

    We, on the other hand, agree with the respondents that the petitioners’ period to appeal already expired. They filed not only one but three Motions for Reconsideration. A second Motion for Reconsideration, as a matter of fact, is not allowed (Rule 37, Section 5). Since a second Motion for Reconsideration is not allowed, then necessarily, its filing did not toll the running of the period to appeal, with more reason would a 3rd Motion for Reconsideration. To Us, the April 6, 1998 Order, mentioning finality of the Order of dismissal of the Petition for Probate, together with Felizardo’s removal as co-administrator, was validly issued. 10

    Likewise, the remedy of certiorari was no longer available to petitioners. It is well-settled that the special civil action for certiorari cannot be used as a substitute for the lost remedy of appeal. The remedies of appeal and certiorari are mutually exclusive and not alternative or successive. 11 In a recent case, we held:chanrob1es virtual 1aw library

    Hence, the Court of Appeals did not err when it dismissed the petition for certiorari and mandamus, on the ground that the proper remedy was to appeal within fifteen (15) days. The lapse of the reglementary period was of no moment. A basic requisite for the special civil action of certiorari to lie is that there be no appeal nor plain, speedy and adequate remedy in the ordinary course of law. Certiorari is a remedy of last recourse and is a limited form of review. Its principal function is to keep inferior tribunals within their jurisdiction. It cannot be used as a substitute for a lost appeal. It is not intended to correct errors of procedure or mistakes in the judge’s findings or conclusions. 12

    All told, therefore, the Court of Appeals committed neither reversible error nor grave abuse of discretion in dismissing the petition for certiorari and mandamus.

    WHEREFORE, in view of the foregoing, the instant petition is DISMISSED. The assailed Decision of the Court of Appeals dated May 7, 1999 is AFFIRMED in toto.

    SO ORDERED.

    Davide, Jr., C.J., Puno, and Pardo, JJ., concur.

    Kapunan, J., on official leave.

    Endnotes:



    1. Rollo, pp. 51-59; penned by Associate Justice Bernardo Ll. Salas and concurred in by Associate Justices Cancio C. Garcia and Roberto A. Barrios.

    2. Ibid., p. 60.

    3. Id., pp. 61-62.

    4. Id., pp. 67-71.

    5. Id., pp. 72-75.

    6. Id., pp. 76-79.

    7. Id., pp. 83-84.

    8. Record, p. 8.

    9. 1997 Rules of Civil Procedure, Rule 37, Section 5, second paragraph.

    10. Decision, p. 7; Rollo, p. 56.

    11. Cano-Gutierrez v. Gutierrez, G.R. No. 138584, October 2, 2000.

    12. Republic v. Court Appeals, G.R. No. 95533, November 20, 2000.

    G.R. No. 139760   October 5, 2001 - FELIZARDO S. OBANDO v. HON. COURT OF APPEALS


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED