[ G.R. No. 139429. September 1, 1999]

GEORGE WEE II vs. CA, et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated SEPT 1 1999.

G.R. No. 139429 (George Wee II vs. Court of Appeals, et al.)

Before the Court is a special civil action for certiorari seeking to set aside the resolution of the Court of Appeals which confirmed its dismissal of CA G.R. SP No. 49524, entitled George Wee II vs. The Department of Justice, et al, for having been filed one (1) day beyond the sixty (60) day period allowed for special actions for certiorari.

It should be noted that since petitioner is questioning a resolution of the Court of Appeals which finally disposed of the case, petitioner should have elevated the same to this Court by petition for review under Rule 45. Moreover, even if this Court allows this erroneous mode of review, the petition is still dismissible for having been filed fourteen (14) days beyond the reglementary period of sixty (60) days fixed in Sec. 4, Rule 65. In any case, the Court of Appeals committed no reversible error in strictly implementing the requirements of Rule 65 in dismissing CA G.R. SP No. 49524 for having been filed one (1) day late.

ACCORDINGLY, the petition is hereby dismissed.

Justice Reynato S. Puno, no part.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

Back to Home | Back to Main

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE