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.

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