Appeal by Certiorari to the Supreme Court (Rule 45)

Cadena vs CSC (GR 191412)

Perusal of the case records, however, reveals that despite due notice of said resolution by the counsel for the petitioner on March 24, 2010, no compliance therewith has been filed with this Court. We reiterate that Rule 45, Section 5 provides that the failure of the petitioner to comply with any of the contents of and the documents which should accompany a petition shall be sufficient ground for the dismissal thereof. Notably, the material dates appear crucial in this case, given that this petition was filed more than two months after the promulgation by the CA of its resolution denying the petitioner’s motion for reconsideration in CA-G.R. SP No. 103646. It has to be sufficiently established that the petition was timely filed within 15 days from the petitioner’s notice of the CA’s denial of her motion for reconsideration.

This Court, instead of dismissing the petition outright, granted the petitioner a reasonable opportunity to correct the deficiency on the material dates by issuing the March 16, 2010 resolution. Regrettably, the petitioner continued to defy this lawful order of the Court, thereby giving us all the more reason to deny the present petition.

Valdecantos vs. People (GR 148852)

Preliminarily, we find it necessary to give proper perspective to the instant petition. Originally filed as a petition for review on certiorari under Rule 45 of the Rules of Court, the same should be considered as a petition for certiorari under Rule 65 of the Rules of Court as there is nothing to review on the merits due to its outright dismissal by the CA, for being insufficient in form and substance.

Ordinarily, the proper recourse of an aggrieved party from a decision of the CA is a petition for review on certiorari under Rule 45 of the Rules of Court. However, if the error, subject of the recourse, is one of jurisdiction, or the act complained of was perpetrated by a court with grave abuse of discretion amounting to lack or excess of jurisdiction, the proper remedy available to the aggrieved party is a petition for certiorari under Rule 65 of the said Rules. Inasmuch as the present petition principally assails the dismissal of the petition on ground of procedural flaws involving the jurisdiction of the court a quo to entertain the petition, it falls within the ambit of a special civil action for certiorari under Rule 65 of the Rules of Court.

Mangahas vs. CA (GR173375)

Under Rule 45, only questions of law may be raised in a petition for review on certiorari before this Court as we are not a trier of facts. Our jurisdiction in such a proceeding is limited to reviewing only errors of law that may have been committed by the lower courts. Consequently, findings of fact of the trial court and the Court of Appeals are final and conclusive, and cannot be reviewed on appeal. It is not the function of this Court to reexamine or reevaluate evidence, whether testimonial or documentary, adduced by the parties in the proceedings below. The preceding rule however, admits of certain exceptions and has, in the past, been relaxed when the lower courts findings were not supported by the evidence on record or were based on a misapprehension of facts, or when certain relevant and undisputed facts were manifestly overlooked that, if properly considered, would justify a different conclusion.

Agote vs. Lorenzo (GR 142675)

Considering that judgments of regional trial courts in the exercise of their original jurisdiction are to be elevated to the Court of Appeals in cases when appellant raises questions of fact or mixed questions of fact and law,while appeals from judgments of the [same courts] in the exercise of their original jurisdiction must be brought directly to the Supreme Court in cases where the appellant raises only questions of law, petitioner should have appealed the trial courts ruling to this Court by way of a petition for review on certiorari in accordance with Rule 45 of the 1997 Rules of Civil Procedure, as amended, pursuant to Rule 41, Section 2 (c) of the same Rules, viz:

SEC. 2. Modes of appeal.

(a) xxx xxx xxx

(b) xxx xxx xxx

(c) Appeal by certiorari. In all cases where only questions of law are raised or involved, the appeal shall be to the Supreme Court by petition for review on certiorari in accordance with Rule 45.

By reason, then, of the availability to petitioner of the remedy of a petition for review under Rule 45, his right to resort to a petition for certiorari under Rule 65 was effectively foreclosed, precisely because one of the requirements for the availment of the latter remedy is that there should be no appeal, or any plain, speedy and adequate remedy in the ordinary course of law, the remedies of appeal and certiorari being mutually exclusive and not alternative or successive.

Shimizu vs. Magsalin (GR 170026)

Preliminarily, we resolve the claim that the petition violates Rule 45 of the Rules of Court on the attachment of material portions of the record. We note that FGU Insurance fails to discharge its burden of proving this claim by not specifying the material portions of the record the petitioner should have attached to the petition. At any rate, after a careful perusal of the petition and its attachments, the Court finds the petition to be sufficient. In other words, we can judiciously assess and resolve the present petition on the basis of its allegations and attachments.

After due consideration, we resolve to grant the petition on the ground that the December 16, 2003 dismissal order is null and void for violation of due process. We are also convinced that the appeal to challenge the dismissal order was properly filed under Rule 41 of the Rules of Court. We further find that the dismissal of Civil Case No. 02-488 for failure to prosecute is not supported by facts, as shown by the records of the case.

Artistica Cermica, Inc. vs. Ciudad del Carmen Homeowners ass’n., Inc (GR 167583-84)

Petitioners ask for leniency from this Court, asking for a liberal application of the rules. However, it is quite apparent that petitioners offer no explanation as to why they did not appeal under Rule 45. Petitioners Petition, Reply and Memorandum are all silent on this point, probably hoping that the same would go unnoticed by respondents and by this Court. The attempt to skirt away from the fact that the 15-day period to file an appeal under Rule 45 had already lapsed is made even more apparent when even after the same was raised in issue by respondents in their Comment and memorandum, petitioners did not squarely address the same, nor offer any explanation for such omission. In Jan-Dec Construction Corporation vs. Court of Appeals, this Court explained why a liberal application of the rules cannot be made to a petition which offers no explanation for the non-observance of the rules, to wit:

“While there are instances where the extraordinary remedy of certiorari may be resorted to despite the availability of an appeal, the long line of decisions denying the special civil action for certiorari, either before appeal was availed of or in instances where the appeal period had lapsed, far outnumbers the instances where certiorari was given due course. The few significant exceptions are:

(a) when public welfare and the advancement of public policy dictate;

(b) when the broader interests of justice so require;

(c) when the writs issued are null; and

(d) when the questioned order amounts to an oppressive exercise of judicial authority.”

In the present case, petitioner has not provided any cogent explanation that would absolve it of the consequences of its failure to abide by the Rules. Apropos on this point are the Court’s observations in Duremdes v. Duremdes:

“Although it has been said time and again that litigation is not a game of technicalities, that every case must be prosecuted in accordance with the prescribed procedure so that issues may be properly presented and justly resolved, this does not mean that procedural rules may altogether be disregarded. Rules of procedure must be faithfully followed except only when, for persuasive reasons, they may be relaxed to relieve a litigant of an injustice commensurate with his failure to comply with the prescribed procedure. Concomitant to a liberal application of the rules of procedure should be an effort on the part of the party invoking liberality to adequately explain his failure to abide by the rules.”



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