FIRST DIVISION
[G.R. No. 242926. January 28, 2019.]
MARIA 1 RUSSEL B. ABRIGO, petitioner,vs. SPOUSES MARILOU CHUA AND CHUA GA SHU AND SPOUSES ZITA AND BENITO ONG, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated January 28, 2019 which reads as follows:
"G.R. No. 242926 — MariaRussel B. Abrigo, petitioner, vs. Spouses Marilou Chua and Chua Ga Shu and Spouses Zita and Benito Ong, respondents.
After carefully reviewing the allegations, arguments, and issues in the instant Petition for Certiorari, the Court resolves to DISMISS the same for the following reasons: (1) petitioner resorted to a wrong remedy; and (2) the filing fee paid lacks P300.00 for Sheriff's Trust Fund per A.M. 17-12-09-SC, the amount paid being only P4,530.00.
While petitioner's non-payment of the Sheriff's Trust Fund alone already constitutes a valid ground to dismiss this Petition, it bears to also state that a petition for certiorari is a proper recourse only if there is no appeal or any other plain, speedy and adequate remedy in the ordinary course of law that may be availed of by a party. In this case, petitioner had the opportunity to challenge the Decision of the CA by filing a petition for review on certiorari with the Court within 15 days from receipt of notice of the denial of her Motion for Reconsideration. However, instead of filing a Rule 45 petition, petitioner filed a petition for certiorari which is not and cannot be a substitute for a lost appeal. Such being the case, the instant Petition for Certiorari is dismissible for being a wrong remedy.
In any case, even if we treat the instant petition as one filed under Rule 45, the petitioner per her own allegation, only had until November 20, 2018 to file the same. This petition was, however, filed only on November 21, 2018, or already a day late.
ACCORDINGLY, the Court resolves to DISMISS this Petition.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. Also spelled as "Ma." in some parts of the records.