Decision
3
G.R. No. 212607
PDSPI received the NCIP RHO IV's Order denying its Motion for
Reconsideration on December 21, 2012. 14
Unsatisfied, PDSPI filed~ Memorandum on Appeal 15 with the NCIP
RHO IV on Monday, January 7, 2013, considering that the fifteenth (15th)
day from December 21, 2012, i.e., January 5, 2013, fell on a Saturday.
In its Order 16 dated January 14, 2013, the NCIP RHO IV, through
Gabaen, denied due course the Memorandum on Appeal of PDSPI for being
filed beyond the reglementary period.
According to the NCIP RHO IV, since PDSPI filed its Motion for
Reconsideration a day before the end of the reglementary period to file an
appeal of the NCIP RHO IV's Decision, PDSPI had only one (1) day
remaining to file an appeal upon receipt of the NCIP RHO IV's Order
denying its Motion for Reconsideration. Simply stated, according to the
NCIP RHO IV, PDSPI was not granted a fresh period to appeal after it
received a copy of the NCIP RHO IV' s denial of its Motion for
Reconsideration.
Feeling aggrieved, PDSPI filed its Petition for Certiorari dated March
4, 2013 before the CA, docketed as CA-G.R. SP No. 129036. PDSPI alleged
that grave abuse of discretion was extant in the issuance of the NCIP RHO
IV's Order dated January 14, 2013.
The Ruling of the CA
In its assailed Resolution, the CA denied outright PDSPI's Certiorari
Petition. The dispositive portion of the assailed Resolution of the CA reads:
WHEREFORE, foregoing considered, the instant petition is
DISMISSED outright.
SO ORDERED. 17
The CA denied outright the Certiorari Petition of PDSPI, invoking
the doctrine of exhaustion of administrative remedies. According to the CA,
instead of filing a petition for certiorari, PDSPI should have first filed a
motion for reconsideration of the NCIP RHO IV's Order dismissing outright
its Memorandum on Appeal. Hence, the CA held that there was a plain,
adequate, and speedy remedy available to PDSPI that precluded the
institution of a Certiorari Petition. 18
14
15
16
Id. at 73.
Id. at 60-72.
Id. at 73-76.
17
Id. at 27-28.
18
Id. at 27.