FIRST DIVISION
[G.R. No. 217865. July 20, 2015.]
ZUELA GONZAGA AND ANALYN GAVIOLA,petitioners,vs. LYDIA CHUA-APARICIO, REPRESENTED BY HER ATTORNEY-IN-FACT, NICERITA C. VILLANUEVA, AND VALENZUELA-TERESA HOA, INC. [VALTEHAI], REPRESENTED BY ITS PRESIDENT/OFFICER,respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated July 20, 2015 which reads as follows:
"G.R. No. 217865 (Zuela Gonzaga and Analyn Gaviola v. Lydia Chua-Aparicio, represented by her Attorney-in-Fact, Nicerita C. Villanueva, and Valenzuela-Teresa Hoa, Inc. [VALTEHAI], represented by its President/Officer). — The petitioners' motion for an extension of fifteen (15) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
After a judicious review of the records, the Court resolves to DENY the instant petition and AFFIRM the September 24, 2014 and April 13, 2015 Resolutions 1 of the Court of Appeals (CA) in CA-G.R. SP No. 137105 for failure of petitioners Zuela Gonzaga and Analyn Gaviola (petitioners) to sufficiently show that the CA committed any reversible error in dismissing their petition for review for failure to comply with the doctrine of exhaustion of administrative remedies.
As correctly ruled by the CA, under Section 3, Rule XX of the 2009 Revised Rules of Procedure of the Housing and Land Use Regulatory Board (HLURB), appeals from a Decision rendered by the HLURB Board of Commissioners may be made to the Office of the President (OP) within 15 days from receipt thereof. As petitioners lodged their appeal before the CA instead of the OP, they have clearly failed to avail themselves of all administrative processes available to them, in violation of the doctrine of exhaustion of administrative remedies. 2 In the absence of any of the recognized exceptions 3 to the application of the doctrine, as in this case, the instant petition must perforce be dismissed.
SO ORDERED."SERENO, C.J., on official leave; PERALTA, J., acting member per S.O. No. 2103 dated July 13, 2015. LEONARDO-DE CASTRO, J., on official leave; LEONEN, J., acting member per S.O. No. 2108 dated July 13, 2015.
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. Rollo, pp. 76 and 86-90, respectively. Penned by Associate Justice Amy C. Lazaro-Javier with Associate Justices Mariflor P. Punzalan Castillo and Zenaida T. Galapate-Laguilles concurring.
2. See Smart Communications, Inc. v. Aldecoa, G.R. No. 166330, September 11, 2013, 705 SCRA 392, 412-413; citation omitted.
3. Republic v. Lacap, 546 Phil. 87, 97-98 (2007).