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ANTONIO DOCENA v. RICARDO P. LAPESURA

FACTS:

On June 1, 1977, Casiano Hombria filed a complaint against his lessees, Antonio and Alfreda Docena, seeking to recover a parcel of land. The trial court ruled in favor of the petitioners and an intervener named Guillermo Abuda. However, on appeal, the Court of Appeals reversed the judgment and ordered the petitioners to vacate the leased land, except for the portion they reclaimed from the sea. The complaint in intervention filed by Abuda was dismissed.

After the reversal of the decision, Hombria filed a motion for execution of the reversed decision, which was granted by the public respondent judge. However, the public respondent sheriff requested clarification on the portion of the land to be excluded. The judge ruled that the decision should not be altered or modified, and the sheriff issued an alias writ of demolition.

The petitioners then filed a motion to set aside or defer the implementation of the writ, but it was denied. In response, they filed a Petition for Certiorari and Prohibition before the Court of Appeals. However, the petition was dismissed on procedural grounds.

The main issue in this case is whether or not the Court of Appeals erred in dismissing the Petition for Certiorari and Prohibition filed by the petitioners.

ISSUES:

  1. Whether or not the Court of Appeals erred in dismissing the Petition for Certiorari and Prohibition.

  2. Whether or not the Petition for Certiorari and Prohibition was filed within the prescribed period.

RULING:

  1. The Court of Appeals erred in dismissing the Petition for Certiorari and Prohibition. The dismissal was based on the grounds that the petition was filed beyond the 60-day period provided under Section 4 of Rule 65 of the 1997 Revised Rules of Civil Procedure and that the certification of non-forum shopping was signed by only one of the petitioners.

  2. The Petition for Certiorari and Prohibition was timely filed. The counting of the 60-day period should commence on the date of receipt by the petitioners of the assailed trial court order, interrupted by the filing of a motion for reconsideration, and resume upon receipt by the petitioners of the denial of the motion by the trial court.

PRINCIPLES:

  • The period for filing a petition for certiorari and prohibition is 60 days from notice of the judgment, order, or resolution. In case a motion for reconsideration or new trial is timely filed, the 60-day period shall be counted from notice of the denial of said motion. (A.M. No. 00-2-03-SC)

  • The certification of non-forum shopping must be signed by all the petitioners in a case. Failure to comply with this requirement is a ground for dismissal of the petition. (Section 4, Rule 7 of the 1997 Revised Rules of Civil Procedure)