This case has been cited 1 times or more.
|
2005-01-21 |
CHICO-NAZARIO, J. |
||||
| It appears that petitioner resorted to the special civil action of certiorari because it failed to seasonably interpose an appeal. It must be noted that the Sandiganbayan promulgated the assailed resolution on 02 August 2002. Petitioner filed a motion for reconsideration thereof but the same was denied in a resolution dated 11 September 2002, a copy of which was received by the petitioner on 13 November 2002. The petitioner's remedy would have been to file a petition for review on certiorari under Rule 45[23] before this Court, and, reckoning the fifteen-day period to file the same from receipt of the resolution denying the motion for reconsideration, the petitioner had until 28 November 2002 to file said petition for certiorari before this Court. Instead, petitioner filed the instant petition for certiorari under Rule 65[24] on 10 January 2003 or forty-three (43) days after the lapse of the reglementary period within which to file an appeal via petition for review on certiorari. Apparently, petitioner resorted to the instant special civil action after failing to appeal within the fifteen-day reglementary period. This, of course, cannot be done. The special civil action of certiorari cannot be used as a substitute for an appeal which the petitioner already lost.[25] | |||||