SECOND DIVISION
[G.R. No. 247728. July 29, 2019.]
ATTY. EULALIO B. MENLA, JR., petitioner, vs.JORGE JOSE S. AGANAN, * SHERIFF IV, OF THE REGIONAL TRIAL COURT OF CALABANGA, CAMARINES SUR, BRANCH 63, AND GREGORIO R. FERNANDEZ, JR., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated29 July 2019which reads as follows:
"G.R. No. 247728 (Atty. Eulalio B. Menla, Jr. v. Jorge Jose S. Aganan, Sheriff IV, of the Regional Trial Court of Calabanga, Camarines Sur, Branch 63, and Gregorio R. Fernandez, Jr.)
After a judicious study of the case, the Court resolves to DISMISS the instant petition 1 for being the wrong remedy in assailing the August 24, 2018 Decision 2 and the May 24, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 150708. Petitioner Atty. Eulalio B. Menla, Jr.'s (petitioner) proper recourse in assailing the CA's Decision and Resolution was to file a petition for review on certiorari under Rule 45 of the Rules of Court (Rules), instead of the instant petition for certiorari under Rule 65 of the same Rules. It is settled that the extraordinary remedy of certiorari will not lie if there is a plain, speedy, and adequate remedy in the ordinary course of law, 4 as in this case.
In any case, even if the Court were to consider the present petition as a Rule 45 Petition, the CA did not err in denying petitioner's petition for prohibition 5 for being violative of the principle of hierarchy of courts. 6 Verily, petitioner should have filed his petition assailing the Municipal Trial Court Calabanga, Camarines Sur, Branch 63's January 22, 2014 Writ of Execution 7 before the Regional Trial Court, and not directly to the CA. More importantly, a petition for prohibition, being a preventive remedy, will not lie to restrain an act already done or one which is a fait accompli, 8 as in this case. Finally, there is no basis to charge respondent Sheriff Jorge Jose Aganan with contempt since there was no showing that he gravely abused his discretion in levying the Paolbo property and in attaching the Lapu-Lapu properties. 9
SO ORDERED."
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
* "Jose Jose S. Aganan" in the Petition's title; rollo, p. 3.
1.Id. at 3-18.
2.Id. at 20-33. Penned by Associate Justice Pablito A. Perez with Associate Justices Mariflor P. Punzalan Castillo and Danton Q. Bueser, concurring.
3.Id. at 37-39.
4. See Republic v. Yang Chi Hao, 617 Phil. 422, 432 (2009).
5. Dated May 8, 2017; rollo, pp. 88-96.
6. See id. at 26.
7.Id. at 44-45. Signed by Presiding Judge Ma. Christine Imperial-Bernarte.
8. See Co v. Philippine Canine Club, Inc., 759 Phil. 134, 143 (2015).
9. See rollo, pp. 30-31.