FIRST DIVISION
[G.R. No. 239865. August 6, 2018.]
LAWRENCE ANTHONY G. ESQUIVEL, petitioner,vs. HENS REALTY CORPORATION, ET AL., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 6, 2018which reads as follows: AScHCD
"G.R. No. 239865 (Lawrence Anthony G. Esquivel v. Hens Realty Corporation, et al.). — The Court resolves to DISMISS the petition for certiorari.
Petition for certiorari under Rule 65 of the Rules of Court can only be filed when the assailed action of a tribunal, board or officer exercising judicial or quasi-judicial function acted with grave abuse of discretion amounting to lack or excess of jurisdiction and there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law. 1 cDHAES
In the present case, petitioner has an adequate remedy, which is to file a petition for review on certiorari under Rule 45 of the Rules of Court within 15 days from notice of the assailed resolution, or within an extended period of 30 days if there is a justifiable reason to grant the extension. Therefore, petitioner's resort to a petition for certiorari is a fatal procedural error that warrants dismissal. 2 On this score, we note that procedural rules should not be disdained as mere technicalities that may be ignored to suit the convenience of a party.
WHEREFORE, the petition is DISMISSED. The assailed Resolutions dated January 29, 2018 and May 16, 2018 of the Court of Appeals in CA-G.R. SP No. 153742 are AFFIRMED.
SO ORDERED." Leonardo-De Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1. RULES OF COURT, Rule 65, Sec. 1.
2.Iloilo La Filipina Uygongco Corporation v. Court of Appeals, G.R. No. 170244, November 28, 2007, 539 SCRA 178, 189.