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[ G.R. No. 139088. September 6, 1999]

MB FINANCE CORP. vs. SPS. PURAL, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated SEPT 6 1999.

G.R. No. 139088 (MB Finance Corporation, represented by its Assistant Manager for Credit and Collection, Jose Maniel Adriano vs. Spouses Nelson and Anley Pural and Judge Marivic Balisi-Umali, Regional Trial Court, Branch 30, San Pablo City.)

Petitioner MB Finance Corporation filed an action for replevin in the Regional Trial Court, Branch 30, San Pablo City. Its complaint was, however, dismissed for failure of petitioner to prosecute its action. Petitioner refiled its action. Again it was dismissed for being barred by res judicata. Petitioner then filed a petition for certiorari against the RTC with the Court of Appeals but this was dismissed on the ground that petitioner's remedy was to appeal under Rule 41. This is a petition for review on certiorari of the decision, dated September 6, 1999, the Court of Appeals, dismissing petitioner's special civil action for certiorari.

Considering the foregoing facts, the Court RESOLVED to DENY the aforesaid petition for lack of showing of any reversible error committed by the Court of Appeals. As the order of the trial court was final. petitioner's remedy was to appeal to the Court of Appeals under Rule 41 and not to file a special civil action for certiorari under Rule 65, �1 of the 1997 Rules of Civil Procedure as he did.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

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