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Regional Trial Courts.[17] It was, therefore, erroneous for the RTC to abruptly dismiss
the complaint filed by petitioners on the basis of lack of jurisdiction since said court
clearly had the power to take cognizance of the same. In so doing, the lower court
failed to ascertain factual issues necessary to determine whether the subject issuance
is, indeed, invalid and violative of the Constitution. Considering the settled rule that this
Court is not a trier of facts,[18] a remand of this case to the RTC for the proper
determination of the merits of the complaint is just and proper.
WHEREFORE, premises considered, the instant petition is GRANTED. The Orders of
the Regional Trial Court, dated August 31, 2004 and January 14, 2005, in Civil Case No.
04-0077, are REVERSED and SET ASIDE. This case is hereby REMANDED to the
Regional Trial Court, Branch CXI (111), Pasay City, for further proceedings.
SO ORDERED.
Velasco, Jr., (Chairperson), Villarama, Jr., Reyes, and Jardeleza, JJ., concur.
[1] Penned by Judge Porfirio G. Macaraeg; Annex “A” to Petition, rollo, pp. 32-39.
[2] Annex “B” to petition, id. at 40-41.
[3] Rollo, pp. 102-106.
[4] Id. at 113-141.
[5] Emphasis supplied.
[6] Section 2(a) of the Rules of Court provide:
Sec. 2. Modes of appeal.
(a) Ordinary appeal. - The appeal to the Court of Appeals in cases decided by the
Regional Trial Court in the exercise of its original jurisdiction shall be taken by filing a
notice of appeal with the court which rendered the judgment or final order appealed
from and serving a copy thereof upon the adverse party. No record on appeal shall be
required except in special proceedings and other cases of multiple or separate appeals
where the law or these Rules so require. In such cases, the record on appeal shall be
filed and served in like manner.
[7] Sevilleno v. Carilo, G.R. No. 146454, September 14, 2007, 533 SCRA 385, 388,
citing Macawiwili Gold Mining and Development Co., Inc. v. Court of Appeals, G.R. No.
115104, October 12, 1998; Section 2(c), Rule 41 of the Rules of Court provides:
(c) Appeal by certiorari – In all cases where only questions of law are raised or
involved, the appeal shall be to the Supreme Court by petition for review on certiorari
in accordance with Rule 45.
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