Petitioner
Juan B. Bañez, Jr.
Respondent
Hon. Crisanto C. Concepcion
Citation
G.R. No. 159508
Court
Supreme Court
Division
First Division
Ponente
Bersamin, J.
Decided
August 29, 2012

Summary

This case involves a petition for certiorari filed directly with the Supreme Court challenging RTC orders that denied a motion to dismiss based on prescription. The underlying dispute concerned enforcement of a 1990 compromise agreement involving real property ownership and possession. The Supreme Court dismissed the petition, ruling that interlocutory orders denying motions to dismiss cannot be challenged via certiorari absent grave abuse of discretion, and that the petitioner improperly bypassed the hierarchy of courts by filing directly in the Supreme Court rather than the Court of Appeals. The decision reinforces procedural requirements for extraordinary writs and emphasizes the importance of following proper judicial hierarchy, demonstrating that the Supreme Court will strictly enforce policies designed to prevent it from being burdened with matters within the competence of lower courts.

Statutes applied

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By Intellegal Editorial Board · August 29, 2012

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