- Petitioner
- Home Development Mutual Fund (Hdmf)
- Respondent
- Spouses Fidel
- Citation
- G.R. No. 170292
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Del Castillo, J.
- Decided
- June 22, 2011
Summary
HDMF sought review of CA decision denying its certiorari petition challenging RTC ruling that ordered HDMF to release property title to winning auction bidders despite sheriff's misappropriation of their payment. The Supreme Court affirmed, holding that HDMF lost its right to appeal through negligence and improperly sought certiorari as substitute remedy. The Court emphasized that certiorari is available only when appeal is unavailable, and HDMF's petition was filed beyond the 60-day reglementary period. On the merits, the RTC properly exercised authority under the parties' compromise agreement to determine HDMF's obligation when the sheriff defaulted, applying Civil Code Article 1240 regarding payment to legally authorized agents. The case demonstrates the importance of timely appeals and the limited scope of certiorari as extraordinary remedy.