SECOND DIVISION
[G.R. No. 235032. December 4, 2017.]
ESTER G. SANTIAGO, petitioner,vs. SPOUSES ROBERTO AND ELNORA ESPINO, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated04 December 2017which reads as follows: HSCATc
"G.R. No. 235032 (Ester G. Santiago v. Spouses Roberto and Elnora Espino)
After a judicious study of the case, the Court resolves to DENY the instant petition and AFFIRM the August 10, 2017 and October 24, 2017 Resolutions 1 of the Court of Appeals (CA) in CA-G.R. SP No. 151671 for failure of petitioner Ester G. Santiago (petitioner) to sufficiently show that the CA committed any reversible error in dismissing outright her petition for certiorari.
As the CA correctly ruled, appeal is the proper remedy, not a special civil action for certiorari, from the December 1, 2016 Order 2 of the Regional Trial Court of Valenzuela City, Branch 75 (RTC), dismissing the Complaint for Nullity of Judicial Sale on the ground of lack of jurisdiction and res judicata. The said dismissal had the effect of an adjudication upon the merits of the complaint, hence, appeal, not a petition for certiorari, is the proper remedy. While this rule admits of exceptions, the Court finds none in this case, for as the RTC properly observed, and which the Court notes, the June 30, 2008 Decision of the Metropolitan Trial Court of Valenzuela City, Branch 81 in Civil Case No. 8560 had long become final and executory, and therefore immutable, and thus constitutes res judicata to petitioner's Complaint for Nullity of Judicial Sale before the RTC.
SO ORDERED."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 26-29 and 30-31, respectively. Penned by Associate Justice Manuel M. Barrios with Associate Justices Florito S. Macalino and Renato C. Francisco concurring.
2.Id. at 198-203. Penned by Presiding Judge Lilia Mercedes Encarnacion A. Gepty.