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BENEDICTA M. SAMSON v. JUDGE GERALDINE C. FIEL-MACARAIG

FACTS:

This case involves a petition for review filed by Benedicta M. Samson and Marcial M. Samson against various respondents, including the Bank of the Philippine Islands (BPI) and the Far East Bank and Trust Co. (FEBC). The petitioners had obtained a loan of P10,000,000 from FEBTC in 1998, secured by a real estate mortgage. When they failed to comply with the terms of the loan agreement, FEBTC applied for foreclosure. The auction sale of the properties was postponed several times until June 29, 2000, when they were sold at public auction to FEBTC. The petitioners filed a case for annulment of the foreclosure and sale almost two years later, alleging lack of posting and publication requirements. The petition was filed against BPI, FEBTC, and other parties. The Registrar of Deeds of Marikina City, one of the defendants, manifested that the certificates of title had been cancelled and consolidated in the name of BPI. The RTC of Marikina City denied the petitioners' application for a temporary restraining order and later dismissed the complaint. The petitioners appealed the dismissal and filed a petition for certiorari with the Court of Appeals. However, the Court of Appeals dismissed the petition, ruling that certiorari only applies when there is no other plain, speedy, and adequate remedy.

ISSUES:

  1. Whether or not the Court of Appeals erred in dismissing the petition for certiorari.

  2. Whether or not the RTC of Marikina City denied the petitioners due process by dismissing the complaint.

RULING:

  1. The Court of Appeals did not err in dismissing the petition for certiorari. The court ruled that a writ of certiorari only applies when there is no appeal or other adequate remedy in the ordinary course of law. Since the petitioners have already filed a notice of appeal, they have a plain, speedy, and adequate remedy available to them.

  2. The RTC of Marikina City did not deny the petitioners due process by dismissing the complaint. The court found that the complaint was dismissed for failure to prosecute for an unreasonable length of time. The court also noted that the petitioners have failed to provide any evidence of irregularity in the proceedings that would warrant the nullification of the auction sale.

PRINCIPLES:

  • A writ of certiorari only applies when there is no appeal or other adequate remedy available.