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[G.R. No. 139989.November 17, 1999]

SPS. KANGLEON, et al. vs. PIDGEON

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 17, 1999.

G.R. No. 139989(Spouses Roberto and Regina Kangleon, et al. vs. Milagros P. Pidgeon.)

This is a petition under Rule 45 seeking to set aside the amended Decision, dated 19 March 1999, rendered by the Regional Trial Court (RTC) of Toledo City, Branch 59, in Civil Case No. T-T-132, which affirmed the decision of the Municipal Trial Court in Cities (MTCC) in an ejectment case filed against herein petitioners. The MTCC ruled against petitioners which prompted the latter to appeal its decision to the RTC.

It should be noted that since petitioner is questioning the decision of the Regional Trial Court rendered in the exercise of its appellate jurisdiction, he should have initially elevated the same to the Court of Appeals under Rule 42 (Petition for Review from the Regional Trial Courts to the Court of Appeals) in accordance with the rule on hierarchy of courts. However, petitioner chose to come directly to this Court.

IN VIEW OF THE FOREGOING, the Court RESOLVED to DENY the petition for the reason that the case is not appealable to the Supreme Court, pursuant to Sec. 5 (g), Rule 56 and for violation of the rule on hierarchy of courts.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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