SECOND DIVISION
[G.R. No. 237748. October 1, 2018.]
SPOUSES ENRIQUE P. AND MARITESS B. LLONILLO, 1petitioners, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 01 October 2018which reads as follows:
"G.R. No. 237748 (Spouses Enrique P. and Maritess B. Llonillo v. People of the Philippines)
After a judicious study of the case, the Court resolves to DENY the instant petition 2 and AFFIRM the October 27, 2017 Decision 3 and the February 22, 2018 Resolution 4 of the Court of Appeals (CA) in CA-G.R. SP No. 147978 for failure of petitioners Spouses Enrique P. and Maritess B. Llonillo (petitioners) to sufficiently show that the CA committed any reversible error in ruling that they availed of the wrong remedy and that a judgment of acquittal may be assailed in a petition for certiorari.
As correctly ruled by the CA, petitioners availed of the wrong remedy when they filed the petition for certiorari to assail the Regional Trial Court (RTC) ruling instead of filing a notice of appeal. 5 A special civil action for certiorari under Rule 65 is proper only when there is neither appeal, nor plain, speedy, and adequate remedy in the ordinary course of law. The extraordinary remedy of certiorari is not a substitute for a lost appeal; it is not allowed when a party to a case fails to appeal a judgment to the proper forum, especially if one's own negligence or error in one's choice of remedy occasioned such loss or lapse. 6
Further, it is settled that a judgment of acquittal may be assailed by the People in a petition for certiorari under Rule 65 of the Rules of Court without placing the accused in double jeopardy. 7 CAIHTE
SO ORDERED." (CAGUIOA, J., on official business; REYES, J., JR., J., designated as Additional Member per Special Order No. 2587 dated August 28, 2018.)
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. See rollo, p. 48.
2.Id. at 3-52.
3.Id. at 53-63. Penned by Associate Justice Socorro B. Inting with Associate Justices Marlene Gonzales-Sison and Pedro B. Corales, concurring.
4.Id. at 64-65.
5. See id. at 62.
6.Villalon v. Lirio, 765 Phil. 474, 480-481 (2015).
7.People v. Sandiganbayan, 791 Phil. 37, 51 (2016).