SECOND DIVISION
[G.R. No. 232504. January 22, 2018.]
TOMAS R. DECENA III, petitioner,vs. EDDIE S. NAVAL, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 22 January 2018 which reads as follows:
"G.R. No. 232504 (Tomas R. Decena III v. Eddie S. Naval)
After a judicious study of the case, the Court resolves to DENY the instant petition and AFFIRM the February 9, 2017 and June 27, 2017 Resolutions 1 of the Court of Appeals (CA) in CA-G.R. SP No. 149320 for failure of petitioner Tomas R. Decena III (petitioner) to sufficiently show that the CA committed any reversible error in dismissing outright his petition due to procedural infirmities.
As correctly ruled by the CA, a special civil action for certiorari under Rule 65 of the Rules of Court is dismissible when the remedy of appeal or any other plain, speedy, and adequate remedy in the ordinary course of law is available. In this case, petitioner's failure to file an appeal before the National Labor Relations Commission to assail the Labor Arbiter's (LA) Decision within 10 calendar days from his receipt thereof and/or to file a petition to annul or modify the LA's Order denying his motion to lift the levy rendered his Rule 65 petition dismissible. As such, the CA did not err in dismissing the petition on said ground.
SO ORDERED."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 22-29 and 31-32, respectively. Penned by Associate Justice Celia C. Librea-Leagogo with Associate Justices Zenaida T. Galapate-Laguilles and Pedro B. Corales concurring.