SECOND DIVISION
[G.R. Nos. 244305-22. April 1, 2019.]
GEORGE TINDAN, EDUARDO GACUS AND PERLA M. GACUS, MA. JESUSA GALVEZ, ET AL., petitioners, vs.VALBUECO, INC., REPRESENTED BY ITS PRESIDENT, MARGARET T. BUENO, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 01 April 2019which reads as follows:
"G.R. Nos. 244305-22 (George Tindan, Eduardo Gacus and Perla M. Gacus, Ma. Jesusa Galvez, et al. v. Valbueco, Inc., represented by its President, Margaret T. Bueno)
After a judicious study of the case, the Court resolves to DISMISS the instant petition 1 for being the wrong remedy and for violating the principle of hierarchy of courts.
Petitioners George Tindan, Eduardo Gacus and Perla M. Gacus, Ma. Jesusa Galvez, et al. (petitioners) availed of the wrong remedy and violated the principle of hierarchy of courts by directly filing the instant petition before this Court. We have often ruled that the Supreme Court is a court of last resort and a direct invocation of its original jurisdiction will only be allowed if the petition has clearly and specifically set out special and important reasons or if there are exceptional and compelling circumstances which call for the exercise of its primary jurisdiction. 2 However, this has not been established in this case. HTcADC
In any event, the trial court was correct in denying 3 petitioners' Motion to Set Aside, Otherwise to Declare, Proclaim the Common Decisions as Void Judgment Ab Initio in an Unlawful Detainer Case filed by Valbueco, Inc. (In Opposition to the Issuance/Implementation of Write [sic] of Execution/Write [sic] of Demolition) 4 dated November 12, 2018. The Decisions sought to be set aside had long attained finality.
SO ORDERED. (REYES, J., JR. J., on official leave.)"
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 52-139.
2. See PCGG Chairman Elma v. Jacobi, 689 Phil. 307, 336 (2012).
3. See various RTC Orders dated January 21, 2019, signed by Presiding Judge Wendell M. Ramiterre; rollo, pp. 12-47.
4.Id. at 315-364.