SECOND DIVISION
[G.R. No. 241927. November 12, 2018.]
MARK CHRISTOPHER A. DY, petitioner, vs.JUDGE MARIA CLARITA CASUGA-TABIN, JUDGE LEODY OPOLINTO, AND JEB ALLEN MANALO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 12 November2018which reads as follows:
"G.R. No. 241927 (Mark Christopher A. Dy v. Judge Maria Clarita Casuga-Tabin, Judge Leody Opolinto, and Jeb Allen Manalo)
After a judicious study of the case, the Court resolves to DISMISS the instant petition 1 for being the wrong mode of appeal to assail the July 20, 2018 Decision 2 (Assailed Decision) of the Regional Trial Court of Baguio City, Branch 3 (RTC) in Spec. Civ. Action No. 8787-R.
Petitioner Mark Christopher A. Dy's (petitioner) proper recourse against the Assailed Decision was to file a Notice of Appeal under Rule 41 of the Rules of Court (Rules) before the Court of Appeals (CA), considering that the Assailed Decision — which involves the denial of the petition for certiorari 3 dated January 23, 2018 — was rendered in the exercise of the RTC's original jurisdiction. 4 However, records show that petitioner immediately instituted a petition for review on certiorari under Rule 45 of the Rules before this Court without filing the required notice of appeal before the CA, 5 rendering the said petition dismissible.
Moreover, it bears stressing that the other issues raised in this case are factual in nature, and thus, beyond the province of a Rule 45 petition. It is settled that only cases decided by the RTC involving pure questions of law may be appealed by certiorari directly to this Court, 6 which is found wanting in this case. CAIHTE
SO ORDERED." (REYES, J., JR., J., designated Additional Member per Special Order No. 2587 dated August 28, 2018.)
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 26-50.
2.Id. at 10-14. Penned by Judge Emmanuel Cacho Rasing.
3.Id. at 61-92.
4. See Chua v. People, G.R. No. 195248, November 22, 2017.
5. See rollo, p. 28.
6. See Cebu Woman's Club v. De la Victoria, 384 Phil. 264, 269 (2000). Section 2 (c) of Rule 41 of the Rules provides:
Section 2. Modes of Appeal. —
xxx xxx xxx
(c) Appeal by certiorari. — In all cases where only questions of law are raised or involved, the appeal shall be to the Supreme Court by petition for review on certiorari in accordance with Rule 45.