FIRST DIVISION
[G.R. No. 240637. April 1, 2019.]
ANDY DELA VICTORIA CANONOY, petitioner, vs.JOSE ALMARIO DELA VICTORIA CANONOY, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated April 1, 2019 which reads as follows:
"G.R. No. 240637 — (Andy Dela Victoria Canonoy v. Jose Almario Dela Victoria Canonoy)
After review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its January 15, 2018 1 and June 11, 2018 2 Resolutions, as to warrant the exercise of the Court's appellate jurisdiction.
The CA correctly dismissed the petition for certiorari for failure to exhaust administrative remedies. Petitioner should have filed a motion for reconsideration of the resolution of the Secretary of Justice pursuant to Section 13 3 of the 2000 National Prosecution Service (NPS) Rule on Appeal, allowing a motion for reconsideration to be filed within ten (10) days from receipt of resolution on appeal. Petitioner deprived the Secretary of Justice the opportunity to review his resolution when it directly filed a petition for certiorari before the CA. In filing a petition for certiorari, it must be emphasized that the filing of a motion for reconsideration and its timely filing are not mere technicalities of procedure. These are jurisdictional and mandatory requirements which must be strictly complied with. 4 Petitioner's failure to file a motion for reconsideration before the Secretary of Justice before filing a petition for certiorari is a fatal infirmity.
WHEREFORE, the petition is DENIED. The January 15, 2018 and June 11, 2018 Resolutions of the Court of Appeals in CA-G.R. SP No. 08428-MIN are AFFIRMED.
The petitioner's compliance with the Resolution dated September 26, 2018, remitting the payment in the amount of P500.00 for sheriff's trust fund, is NOTED.
SO ORDERED." Jardeleza, J., on official business.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, p. 344; issued by Associate Justice Edgardo T. Lloren with Associate Justices Ruben Reynaldo G. Roxas and Walter S. Ong.
2.Id. at 366-369; penned by Associate Justice Ruben Reynaldo G. Roxas with Associate Justices Edgardo T. Lloren and Walter S. Ong, concurring.
3. SECTION 13. Motion for reconsideration. — The aggrieved party may file a motion for reconsideration within a non-extendible period of ten (10) days from receipt of the resolution on appeal, furnishing the adverse party and the Prosecution Office concerned with copies thereof and submitting proof of such service. No second or further motion for reconsideration shall be entertained.
4.Republic of the Philippines v. Pantranco North Express, Inc., et al., 682 Phil. 186, 195 (2012).