FACTS:

Petitioners filed a petition for certiorari before the Court of Appeals on June 7, 2000, alleging grave abuse of discretion on the part of the trial court in dismissing their complaint. However, the Court of Appeals dismissed the petition as filed out of time. Petitioners filed a motion for reconsideration of this dismissal, but it was denied by the Court of Appeals. The petition before the Supreme Court challenges the denial of the motion for reconsideration by the Court of Appeals.

ISSUES:

1. Whether the petition for certiorari was filed out of time before the Court of Appeals.

2. Whether the Court of Appeals should have taken judicial notice of the amendment to the Rules of Civil Procedure.

RULING:

1. The Supreme Court held that even if the technicality of the filing was set aside, the petition still fails. The Court of Appeals correctly dismissed the petition for certiorari as it was filed out of time. The petitioners had until May 29, 2000, to file the petition, but they filed it on June 7, 2000, which was nine days late. Therefore, the dismissal of the petition by the Court of Appeals was proper.

2. Furthermore, although the Court of Appeals should have taken mandatory judicial notice of the amendment to the Rules of Civil Procedure, it does not change the fact that the petition was filed out of time. The amendment provided that the 60-day period to file a petition for certiorari is counted from the date of receipt of the questioned order or decision, except that such period is interrupted upon the filing of a motion for reconsideration. In this case, the petition was filed on the 60th day following the receipt of the trial court's order denying the motion for reconsideration. However, the said order had already become final and executory after the 15th day following petitioners' receipt thereof. Therefore, the petition for certiorari was not the proper remedy and should have been subject to appeal.

3. Thus, the petition before the Supreme Court is denied.