FIRST DIVISION
[G.R. No. 244375. August 14, 2019.]
ANNA M. BRITANICO, petitioner,vs. THE COURT OF APPEALS [SPECIAL FORMER 18TH DIVISION], THE REGIONAL TRIAL COURT OF ILOILO CITY, BRANCH 28, MERCURY DRUG CORPORATION, THE HEIRS OF ARMANDO D. JAVELLANA, AND THE CHILDREN OF VIRGINIA D. JAVELLANA DEVELOPMENT CORPORATION, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 14, 2019which reads as follows:
"G.R. No. 244375 (Anna M. Britanico v. The Court of Appeals [Special Former 18th Division], the Regional Trial Court of Iloilo City, Branch 28, Mercury Drug Corporation, the heirs of Armando D. Javellana, and the children of Virginia D. Javellana Development Corporation)
After a judicious study of the case, the Court resolves to DISMISS outright the instant petition 1 for being the wrong mode of review in assailing the March 28, 2018 2 and the November 6, 2018 3 Resolutions of the Court of Appeals (CA) in CA-G.R. SP No. 11512, the proper remedy being a petition for review on certiorari under Rule 45 of the Rules of Court (Rules).
Notably, petitioner Anna M. Britanico should have opted to file a petition for review on certiorari under Rule 45 of the Rules as it was the plain, speedy, and adequate remedy in assailing the aforementioned rulings of the CA, instead of the instant petition for certiorari under Rule 65 of the same Rules. Fundamental is the rule that the extraordinary remedy of certiorari will not lie if there is a plain, speedy, and adequate remedy in the ordinary course of law, 4 as in this case.
The motion of respondents Javellanas to expunge petition for certiorari is NOTED WITHOUT ACTION; the petitioner's compliance with the Resolution dated March 11, 2019, submitting the thereto attached postmaster's certificate marked as Annex "A" thereof, is NOTED and ACCEPTED; and the Cash Collection and Disbursement Division is hereby DIRECTED to RETURN to petitioner the excess payment for the legal fees in the amount of P170.00 under O.R. No. 0233844-SC-EP dated February 20, 2019.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 3-75.
2.Id. at 80-87. Penned by Associate Justice Marilyn B. Lagura-Yap with Associate Justices Gabriel T. Ingles and Gabriel T. Robeniol, concurring.
3.Id. at 88-95. Penned by Associate Justice Marilyn B. Lagura-Yap with Associate Justices Gabriel T. Ingles and Dorothy P. Montejo-Gonzaga, concurring.
4.Republic v. Yang Chi Hao, 617 Phil. 422, 432 (2009).