This case has been cited 1 times or more.
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2009-02-06 |
BRION, J. |
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| Pantangco's Rule 47 remedy is fatally defective because its use against an RTC decision in a certiorari case is foreclosed by the availability of an appeal to the CA. Section 1 of Rule 47 provides that it covers only annulment of judgments for which the ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies are no longer available through no fault of the petitioner.[9] Ramirez-Jongco v. Veloso III[10] instructively tells us: The remedy of annulment of judgment can [...] be resorted to only where ordinary and other appropriate remedies, including appeal, are no longer available through no fault of the petitioner. In the case at bar, the loss of the remedies of appeal and certiorari is attributable to the petitioners. Despite the manifestations of their intention to file an appeal, and subsequently a petition for certiorari, and their request for an extension of the filing period, the petitioners never availed of these remedies. Realizing the consequence of their negligence, the petitioners filed a petition for annulment of judgment in a last ditch effort to reverse the decision of the regional trial court. The rules do not sanction petitioners' procedural lapse. | |||||