This case has been cited 1 times or more.
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2005-04-29 |
CALLEJO, SR., J. |
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| However, instead of either granting or denying petitioner LBP's motion for additional time to file a petition for certiorari, the CA dismissed outright the petition for certiorari on the ground that it was the wrong remedy. The CA committed reversible error in so doing not only because, as already discussed petitioner LBP properly availed of the remedy of certiorari, but also because the outright dismissal of the petition was precipitately made. The CA dismissed the petition for certiorari even when the same had yet to be filed. The case of De Dios v. Court of Appeals[13] is instructive: Petitioner alleges that the Court of Appeals committed grave abuse of discretion in denying his motion for extension on the grounds that the petition "which petitioner intended to file is not the proper remedy" … | |||||