5/28/2020
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x x x As the Rule now stands, petitions for certiorari must be filed strictly
within 60 days from notice of judgment or from the order denying a motion for
reconsideration (Emphasis supplied)
[24] Section 4 of Rule 65, as amended by A.M. No. 07-7-12-SC, now reads:
Sec. 4. When and where petition filed. – The petition shall be filed not later than sixty
(60) days from notice of the judgment or resolution. In case a motion for
reconsideration or new trial is timely filed, whether such motion is required or not, the
petition shall be filed not later than sixty (60) days counted from notice of the denial of
the motion.
If the petition relates to an act or omission of a municipal trial court or of a corporation,
a board, an officer or a person, it shall be filed with the Regional Trial Court exercising
jurisdiction over the territorial area as defined by the Supreme Court. It may also be
filed with the Court of Appeals or with the Sandiganbayan, whether or not the same is
in aid of the court’s appellate jurisdiction. If the petition involves an act or omission of a
quasi-judicial agency, unless otherwise provided by law or these rules, the petition shall
be filed with and be cognizable only by the Court of Appeals.
In election cases involving an act or an omission of a municipal or a regional trial court,
the petition shall be filed exclusively with the Commission on Elections, in aid of its
appellate jurisdiction.
[25] Section 4 of Rule 65 originally provides:
Sec. 4. When and where petition filed. – The petition shall be filed not later than sixty
(60) days from notice of the judgment, order or resolution. In case a motion for
reconsideration or new trial is timely filed, whether such motion is required or not, the
sixty (60) day period shall be counted from notice of the denial of said motion.
The petition shall be filed in the Supreme Court or, if it relates to the acts or omissions
of a lower court or of a corporation, board, officer or person, in the Regional Trial Court
exercising jurisdiction over the territorial area as defined by the Supreme Court. It may
also be filed in the Court of Appeals whether or not the same is in aid of its appellate
jurisdiction, or in the Sandiganbayan if it is in aid of its appellate jurisdiction. If it
involves the acts or omissions of a quasi-judicial agency, unless otherwise provided by
law or these rules, the petition shall be filed in and cognizable only by the Court of
Appeals.
No extension of time to file the petition shall be granted except for compelling
reason and in no case exceeding fifteen (15) days. (Emphasis supplied)
[26] In Laguna Metts Corporation v. Court of Appeals, supra note 15, we explained that
the amendments were necessary to prevent the use (or abuse) of the petition for
certiorari under Rule 65 to delay a case or even defeat the ends of justice. Besides, the
60-day period provided under the Rules for filing a petition is already sufficient time for
a party to ponder over the case and to prepare a petition imputing grave abuse of
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56563
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