Decision
4
G.R. No. 212607
In addition, the CA pointed out several formal defects of the
Certiorari Petition, i.e., (1) failure of PDSPI' s counsel to indicate the date of
issuance of his MCLE compliance number, and (2) defect in the jurat of the
Verification and Certification of Non-Forum Shopping. 19
PDSPI filed a Motion for Reconsideration 20 dated April 25, 2013,
wherein PDSPI attached a photocopy of its counsel's MCLE certification, 21
as well as an affidavit22 executed by its corporate representative, Ms. Edna
V. Blach, affirming and authenticating her signature in the jurat of the
Verification and Certification ofNon-Forum Shopping.
The CA, in its assailed Resolution, denied PDSPI' s Motion for
Reconsideration, holding that, while PDSPI was able to cure the formal
defects of its Certiorari Petition, the supposed violation of the doctrine of
exhaustion of administrative remedies still warranted the dismissal of the
Certiorari Petition. 23
Hence, the instant Petition.
Ab is filed his Comment24 dated October 10, 2014, to which PDSPI
responded with his Reply to Comment25 dated January 26, 2017.
Issue
The central question to be resolved by the Court is whether or not the
CA was correct in invoking the doctrine of exhaustion of administrative
remedies to deny PDSPl's Certiorari Petition assailing the NCIP RHO IV's
Order dated January 14, 2013.
The Court's Ruling
The instant Petition is meritorious. The Court rules in favor of PDSPI.
In the main, the CA posits the view that, since PDSPI supposedly had
the available remedy of filing a motion for reconsideration against the NCIP
RHO IV's Order dismissing outright PDSPI's Memorandum on Appeal, the
Certiorari Petition could not prosper as there was still a plain, adequate, and
speedy remedy at the disposal of PDSPI, invoking the doctrine of exhaustion
of administrative remedies.
19
20
21
22
23
24
2s
Id. at 27.
Id. at 86-95.
Id. at93.
Id. at 92.
Id. at 3 I.
Id. at 104-108.
Id.atll3-119.