August 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 195977 : August 03, 2011]
WILSON P. GAMBOA V. PHILIPPINE JOURNALISTS, INC.
G.R. No. 195977 (Wilson P. Gamboa v. Philippine Journalists, Inc.).
RESOLUTION
After review of the records, the Court resolves to DENY the petition for failure to show that the Court of Appeals (CA) committed reversible error when it dismissed the petition for certiorari filed before it by petitioner. Instead of an appeal, which according to A.M. 04-9-07-SC is the proper mode of questioning a decision of the Regional Trial Court (RTC) involving an intra-corporate controversy, petitioner filed for certiorari before the CA. Besides a categorical statement from this Court that this is the wrong remedy, it is a legal principle that a petition for certiorari will not be entertained if the party has a plain, speedy and adequate remedy in the course of law.[1]
Finally, the petition is procedurally infirm because it lacks an affidavit and proof of service upon the CA.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court
Endnotes:
[1] Tan v. Sps. Antazo, G.R. No. 187208, February 23, 2011, citing California Bus Lines, Inc. v. Court of Appeals, G.R. No. 145408, August 20, 2008, 562 SCRA 403, 413. citing Cathay Pacific Steel Corporation v. Court of Appeals, G.R. No. 164561, August 30, 2006, 500 SCRA 226, 236-237; Hanjin Engineering and Construction Co., Ltd. v. Court of Appeals. G.R. No. 165910, April 10, 2006, 487 SCRA 78, 96-97.