SECOND DIVISION
[G.R. No. 240717. September 10, 2018.]
WILHELMINA C. BOLLOZOS, petitioner, vs.RODULFO L. BOLLOZOS, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated10 September 2018which reads as follows: HcDSaT
"G.R. No. 240717 (Wilhelmina C. Bollozos v. Rodulfo L. Bollozos)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the December 15, 2017 Decision 2 and the June 21, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. CV No. 05509 for failure of petitioner Wilhelmina C. Bollozos (petitioner) to sufficiently show that the CA committed any reversible error in dismissing her appeal for being the wrong remedy.
As correctly ruled by the CA, petitioner's proper remedy to assail the trial court's dismissal of her appeal on the ground of improper venue was to file a petition for certiorari under Rule 65 of the Rules of Court (Rules), and not a petition for review under Rule 41 of the same Rules. 4 Section 1 (g), Rule 41 of the Rules clearly states that no appeal may be taken from an order dismissing an action without prejudice, 5 such as when the ground for dismissal is improper venue, in which case, the remedy is to file a petition for certiorari under Rule 65 of the Rules. 6
SO ORDERED." (CARPIO, J., on official leave; PERLAS-BERNABE, J., designated as Acting Chairperson per S.O. 2592 dated September 5, 2018; REYES, J., JR., J., designated as Additional Member per S.O. No. 2587 dated August 28, 2018)
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 16-46.
2.Id. at 48-53. Penned by Associate Justice Geraldine C. Fiel-Macaraig with Associate Justices Pamela Ann Abella Maxino and Louis P. Acosta, concurring.
3.Id. at 55-56. Penned by Associate Justice Geraldine C. Fiel-Macaraig with Associate Justices Gabriel T. Ingles and Marilyn B. Lagura-Yap, concurring.
4. See Development Bank of the Philippines v. Carpio, G.R. No. 195450, February 1, 2017. See also United Alloy Philippines Corporation v. United Coconut Planters Bank, 773 Phil. 242, 255-256 (2015); citation omitted. See also rollo, p. 52.
5. Section 1 (g), Rule 41 of the Rules, as amended by A.M. No. 07-7-12-SC entitled "AMENDMENTS TO RULES 41, 45, 58 AND 65 OF THE RULES OF COURT," (December 4, 2007), provides:
Section 1. Subject of appeal. — x x x
No appeal may be taken from: x x x
(g) An order dismissing an action without prejudice.
6. See Strongworld Construction Corporation v. Perello, 528 Phil. 1080, 1093 (2006); citations omitted.