HOME Development Mutual Fund (Pag-IBIG Fund) has lost its bid to reverse a Makati City Regional Trial Court (RTC) decision in favor of Globe Asiatique Realty Holdings Corporation (GA) president Delfin Lee.
This after the Court of Appeals (CA), voting 3-2, dismissed the
petition for certiorari filed by Pag-IBIG due to technicality.
In a 21-page decision promulgated on Oct.7, 2013 and penned by Associate Justice Stephen Cruz, the CA’s Special Division of Five (Eleventh Division) affirmed the damage suit filed by Lee against Pag-IBIG.
Concurring with Cruz’s ponencia were Associate Justices Elihu Ybañez and Danton Bueser while Associate Justices Magdangal De Leon and Myra Garcia-Fernandez dissented.
“Wherefore, there being no grave abuse of discretion amounting to lack or excess in jurisdiction on the part of public respondent in rendering the assailed resolution dated January 30, 2012 containing the Summary Judgment and the Resolution dated December 11, 2012 denying [HDMF’s] motion for reconsideration, the instant petition is hereby dismissed,” the ruling stated.
Judge Eugene Paras of the Makati Regional Trial Court (RTC) Branch 58 on January 30, 2012 granted Lee’s petition and declared him entitled to damages from Pag-IBIG.
The CA ruling stated that, “[w]hile a reasonable assumption may be made that public respondent should have brushed aside technicalities so as not to frustrate HDMF’s [Pag-ibig’s] right to appeal, the eventual refusal of public respondent to accede to HDMF’s plea and, in the alternative, his disposition to require strict compliance with the rules is not necessarily grave abuse of discretion.”
The CA argued that a wrong remedy was used and they have no recourse but to dismiss the petition.
It argued that a petition for review on certiorari is an ordinary appeal of the rulings from the CA, Sandiganbayan, RTC or other courts while a petition for certiorari under Rule 65 of the Rules of Court is filed when a tribunal or a member of the judiciary acted with grave abuse of discretion.