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[G.R. No. 151460.February 27, 2002]

ENRIQUEZ, et al. vs. SPS. GONZALES, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 27 2002.

����������� G.R. No. 151460(Elpidio Enriquez as joined by his wife and all persons claiming right[s] under him vs. Spouses Oscar Gonzales and Arsenia Rebultan Gonazales, et al.)

This is a petition for review of the decision of the Court of Appeals, dated August 10, 2001, dismissing the petition for review filed by petitioners on the ground that "the appropriate remedy was for petitioners to have filed an ordinary appeal under Sec. 2(a), Rule 41" or a petition for certiorari under Rule 65 but not a petition for review under Rule 42 of the 1997 Rules of Civil Procedure.

The subject of the petition for review before the Court of Appeals was an order of the Regional Trial Court, Branch 69, Iba, Zambales dismissing petitioners' "Petition for Relief From Judgment and/or Annulment of Judgment" of a decision of the Municipal Trial Court, Iba, Zambales in an ejectment case (Civil Case No. 922). Such order, by express provision of Rule 41, �1(b) of the 1997 Rules of Civil Procedure, is no longer appealable as it used to be under Rule 41, �2 of the former Rules of Court. It can only be assailed through a petition for certiorari under Rule 65, �1 upon allegation of lack or excess of jurisdiction or grave abuse of discretion, of which, however, there is none in this case. Consequently, while it was error for the Court of Appeals to hold that petitioners' remedy was to bring an appeal, the dismissal of their petition for review, which is actually another mode of appeal, is proper in view of Rule 41, �1(b).

For the foregoing reasons, the Court RESOLVED to DENY the petition for lack of merit.

Accordingly, petitioners' motion for extension of thirty (30) days from 9 February 2002 within which to file petition for review on certiorari is NOTED WITHOUT ACTION.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

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