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ARTISTICA CERAMICA v. CIUDAD DEL CARMEN HOMEOWNER'S ASSOCIATION

This case has been cited 1 times or more.

2011-02-23
VELASCO JR., J.
Thus, the Court shall exercise liberality and consider the instant petition as one filed under Rule 45.  In Artistica Ceramica, Inc. v. Ciudad Del Carmen Homeowner's Association, Inc.,[14] citing Republic v. Court of Appeals,[15] the Court noted that it has the discretion to determine whether a petition was filed under Rule 45 or 65 of the Rules of Court: Admittedly, this Court, in accordance with the liberal spirit pervading the Rules of Court and in the interest of justice, has the discretion to treat a petition for certiorari as having been filed under Rule 45, especially if filed within the reglementary period for filing a petition for review.