[ G.R. No. 142613. June 19, 2000]

VICTORIA DESBERATS MIAILHE, et al. vs. HON. SENECIO O. ORTILE, et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUN 19 2000.

G.R. No. 142613 (Victoria Desberats Miailhe, et al. vs. Hon. Senecio O. Ortile in his capacity as Presiding Judge of the Regional Trial Court of Manila, Br. 30, et al.)

This petition assails the decision of the Court of Appeals which dismissed their petition for certiorari after finding that the same was filed beyond the reglementary period. Petitioners' remedy from the dismissal of their petition by the Court of Appeals should have been a petition for review under Rule 45, and not a petition for certiorari under Rule 65. The special civil action of certiorari is not and cannot be a substitute for an appeal, where the latter remedy is available, as it was in this case. A special civil action under Rule 65 of the 1997 Rules of Civil Procedure will not be a cure for failure to timely file a petition for review on certiorari under Rule 45 thereof. Rule 65 is an independent action that cannot be availed of as a substitute for the lost remedy of an ordinary appeal, including that under Rule 45, especially if such loss or lapse was occasioned by one's own neglect of error in the choice of remedies (National Irrigation Administration v. Court of Appeals, G.R. No. 129169, November 17, 1999). Even if a petition for certiorari was the proper remedy, the instant petition was filed late. The filing of a motion for reconsideration shall interrupt the sixty-day period within which to file the petition for certiorari, and if the motion is denied the petition shall be filed within the remaining period (1997 Rules of Civil Procedure, Rule 65, Section 4, as amended by Circular No. 39-98, July 21, 1998).

ACCORDINGLY, the petition is DISMISSED.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court


Back to Home | Back to Main

 

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE

PHILIPPINE SUPREME COURT DECISIONS

QUICK SEARCH

cralaw

 







chanrobles.com





ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com