Fresenius Medical Care Philippines, Inc. v. Department of Health

FIRST DIVISION

[G.R. No. 241580. October 17, 2018.]

FRESENIUS MEDICAL CARE PHILIPPINES, INC., petitioner, vs.DEPARTMENT OF HEALTH, THEN ACTING THROUGH SECRETARY JANETTE P. LORETO-GARIN, AND MEDILINES DISTRIBUTORS, INC., respondents.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, First Division, issued a Resolution datedOctober 17, 2018which reads as follows:

"G.R. No. 241580 — Fresenius Medical Care Philippines, Inc., Petitioner, v. Department of Health, then acting through Secretary Janette P. Loreto-Garin, and Medilines Distributors, Inc., Respondents.

Considering the allegations, issues, and arguments adduced in the Petition for Review on Certiorari of the April 5, 2018 Decision and the August 14, 2018 Resolution of the Regional Trial Court (RTC), Branch 19 of the City of Manila in Spec. Pro. No. 16-136594, the Court resolves to DENY the Petition for (i) violating the principle of hierarchy of courts; (ii) raising issues that are factual in nature; and (iii) failure to show that the RTC committed any reversible error in issuing its assailed Decision and Resolution as to warrant the exercise of this Court's discretionary appellate jurisdiction.

At the outset, petitioner violated the principle of hierarchy of courts by directly filing the present petition with this Court instead of availing the appropriate remedy with the Court of Appeals. We have often ruled that the Supreme Court is a court of last resort and a direct invocation of its original jurisdiction will only be allowed if the petition has clearly and specifically set out special and important reasons or if there are exceptional and compelling circumstances which call for the exercise of its primary jurisdiction. 1 However, this was not established in the present case.

Furthermore, it is well settled that the factual findings of administrative and quasi-judicial bodies specializing in their respective fields, if supported by substantial evidence, especially when affirmed by the appellate courts, must be accorded high respect, if not finality. 2 Thus, we find no cogent reason to overturn the factual findings of the Department of Health, as affirmed by the RTC.

ACCORDINGLY, the Court resolves to DENY the instant Petition for Review on Certiorari. AScHCD

SO ORDERED." Bersamin, J., designated as Acting Chairperson of the First Division per S.O. No. 2606 dated October 10, 2018; Gesmundo, J., designated as Additional Member of the First Division per S.O. No. 2607 dated October 10, 2018.

Very truly yours,

(SGD.) LIBRADA C. BUENADivision Clerk of Court

 

Footnotes

1.PCGG Chairman Elma v. Jacobi, 689 Phil. 307, 336 (2012).

2.LNS International Manpower Services v. Padua, Jr., 628 Phil. 223, 228 (2010).