SECOND DIVISION
[G.R. No. 241436. October 15, 2018.]
ELIZA FANGED AND WASHINGTON B. FANGED, JR., petitioners,vs. SPOUSES FLORA M. ICO AND RODRIGO C. ICO AND SPOUSES ROSITO M. DOMINGO, JR. AND NOEMI DOMINGO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated15 October 2018which reads as follows:
"G.R. No. 241436 (Eliza Fanged and Washington B. Fanged, Jr.1v. Spouses Flora M. Ico2and Rodrigo C. Ico and Spouses Rosito M. Domingo, Jr.3and Noemi Domingo)
After a judicious study of the case, the Court resolves to DENY the instant petition 4 and AFFIRM the September 7, 2017 and July 11, 2018 Resolutions 5 of the Court of Appeals (CA) in CA-G.R. SP No. 151598 for failure of petitioners to sufficiently show that the CA committed any reversible error in dismissing the petition for certiorari outright for being the wrong remedy. ADCIca
As correctly ruled by the CA, the trial court's order granting the motion to dismiss is a final order, and thus, the proper subject of an appeal, not certiorari. 6 Jurisprudence provides that when an appeal is available, certiorari will not prosper even if the ground is grave abuse of discretion. 7 Although this rule is subject to certain exceptions, 8 none of which are present in this case. Therefore, the petition for certiorari filed before the CA was correctly dismissed for being the wrong remedy.
SO ORDERED." (REYES, J., JR., J., designated as 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. See rollo, p. 27.
2. See id. at 39.
3. See id. at 41.
4.Rollo, pp. 11-24.
5.Id. at 47-50 and 51-52, respectively. Penned by Associate Justice Pedro B. Corales with Associate Justices Japar B. Dimaampao and Amy C. Lazaro-Javier, concurring.
6.Madrigal Transport, Inc. v. Lapanday Holdings Corporation, 479 Phil. 768, 784-785 (2004). See also rollo, p. 49.
7.Id. at 783.
8. See Punongbayan-Visitacion v. People, G.R. No. 194214, January 10, 2018, citing Department of Education v. Cuanan, 594 Phil. 451, 460 (2008).