- Petitioner
- Tessie A. Fernandez
- Respondent
- Honorable Court of Appeals
- Citation
- G.R. No. 233460
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Inting, J.
- Decided
- February 19, 2020
Summary
The Supreme Court dismissed Tessie Fernandez's petition challenging the Court of Appeals' award of damages to Salvio Arguelles despite her acquittal from grave slander. The SC ruled that Fernandez used the wrong procedural remedy by filing a Rule 65 certiorari petition instead of a Rule 45 petition for review on certiorari, and that the petition was filed 46 days late, beyond the 15-day reglementary period. The Court emphasized that procedural rules exist to provide order and efficiency to the judicial system, and that certiorari cannot substitute for a lost ordinary appeal. The case demonstrates the strict application of procedural rules and the importance of using proper remedies within prescribed time limits in challenging appellate court decisions.