FIRST DIVISION
[G.R. No. 242036. January 14, 2019.]
CELESTINO E. RIVERA, AS SUBSTITUTED BY HIS SURVIVING SPOUSE, ESPERANZA FIGUEROA VDA. DE RIVERA, petitioner,vs. THE HEIRS OF IRENEO CABLING, NAMELY: LUCILIA A. CABLING, ET AL., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated January 14, 2019 which reads as follows:
"G.R. No. 242036 (Celestino E. Rivera, as substituted by his surviving spouse, Esperanza Figueroa vda. De Rivera v. The Heirs of Ireneo Cabling, namely: Lucilia A. Cabling, et al.). — The petitioner's 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 review, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its Decision dated February 09, 2018 and its Resolution dated September 07, 2018 in CA-G.R. SP No. 140374.
The CA did not err in finding that petitioner availed of the wrong mode of appeal. The Rules of Court clearly provides that awards, judgments, final orders or resolutions of quasi-judicial agencies are appealable to the CA via Rule 43. The 2009 Department of Agrarian Reform Adjudication Board (DARAB) Rules of Procedure likewise mandates that the judicial review of DARAB orders or decisions may be brought on appeal within fifteen (15) days from receipt to the CA. Rules of procedure are tools for the efficient and orderly administration of justice. While this Court has allowed the liberal application of the rules, those that have been limited to exceptional instances, where the petitioner has offered reasonable causes to justify non-compliance with the rules, or where there is sufficient justification why the normal application of procedural rules, would frustrate the ends of justice. The CA found that, in this case, none of these instances are present.
WHEREFORE, the petition is DENIED and the Decision dated February 09, 2018 and the Resolution dated September 07, 2018 of the Court of Appeals in CA-G.R. SP No. 140374 are hereby AFFIRMED.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court