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Certiorari; Period to file.

MALLARI, vs. GOVERNMENT SERVICE INSURANCE SYSTEMG.R. No. 15!5" #a$%ar& '5, '(1()ERSAMIN, J.:

*ACTS+

In 1968, the petitioner obtained two loans totaling P 34,000.00 from respondent GI. !o se"#re the performan"e, he

mortgaged two par"els of land registered #nder his and his wife $ar"elina $allari%s names. &owever, he paid GIabo#t ten 'ears after "ontra"ting the obligations onl' P 10,000.00 and P (0,000.00

Nearl& tree &ear- later1"/0, GSIS a22lied for te e3tra4%diial forelo-%re of te 6ort7a7e 8& rea-o$ of i-fail%re to -ettle i- ao%$t. &e re)#ested an #pdated "omp#tation of his o#tstanding a""o#nt. &e pers#aded thesheriff to hold the p#bli"ation of the fore"los#re to await a"tion on his pending re)#est for final a""o#nting *that is,ta9i$7 i- 2a&6e$t- of P :(,(((.(( 6ade i$ 1"/ i$to ao%$t. GI responded to his re)#est. It finall'"ommen"ed e+tra#di"ial fore"los#re pro"eedings against him be"a#se he had meanwhile made no f#rther pa'ments.

!he petitioner s#ed GI *prelim in#n"tion-. !he !/ de"ided in his favor, n#llif'ing the e+tra#di"ial fore"los#re anda#"tion sale. GI appealed to the /, whi"h reversed the !/. Petitio$er eleated te CA dei-io$ to ti- Co%rtia 2etitio$ for reie< o$ ertiorari

!his /o#rt denied his petition for review and motion for re"onsideration. s a res#lt, the / de"ision be"ame final ande+e"#tor', re$deri$7 %$a--aila8le 8ot te e3tra4%diial forelo-%re a$d a%tio$ -ale.

e"a#se of the petitioner%s re)#est for an e+tension of time to va"ate the properties, GI a""eded to the re)#est.2et, the petitioner did not vol#ntaril' va"ate the properties, b#t instead filed a $ andor to )#ash the writ of e+e"#tionand motion to hold GI in "ontempt of "o#rt for painting the fen"e of the properties d#ring the penden"' of his saidmotion.

!o prevent the Presiding #dge of ran"h 44 of the !/ from resolving the pending in"idents, GI moved to inhibithim for alleged partialit' towards the petitioner as borne o#t b' his fail#re to a"t on the motion for reconsiderationand/or to quash writ of executionfor more than a 'ear from their filing, pra'ing that the "ase be re5raffled to anotherbran"h of the !/. !he petitioner so#ght re"onsideration b#t the Presiding #dge of ran"h 48 on ebr#ar' 11, (00(

denied his motion for re"onsideration.

' petition for "ertiorari dated $ar"h 17, (00( filed in the /, the petitioner assailed the orders of ebr#ar' 11, (00(,#l' 30, (001 *denied $otion for /ontempt-, "tober (1, 1999 *Granted rit of e+e"#tion "#m writ of possession-,and "tober 8, 1999. !he / dismissed the petition for "ertiorari for la": of merit. &en"e, this appeal.

I--%e+hether or not the Petition for /ertiorari in / as iled e'ond eglementar' Period

=EL>+YES. /onsidering that the motion for reconsiderationdated #g#st 1;, (001 denied b' the order dated ebr#ar' 11,(00( was in realit' and effe"t a prohibited se"ond motion for reconsideration vis--visthe orders dated "tober

(1, 1999 and "tober 8, 1999, the assailed orders dated #l' 30, (001, "tober (1, 1999, and "tober 8, 1999 "o#ldno longer be s#be"t to atta": b' certiorari. !h#s, the petition for certiorarifiled onl' in $ar"h (00( was alread'improper and tard' for being made be'ond the 605da' limitation defined in Setio$ 0, R%le !5, 1"" Rules of CivilProcedure, as amended, whi"h re)#ires a petition for certiorarito be filed

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GON?ALES vs. COURT O* APPEALS Tole$ti$o A.M. No. CA@1(@0"@#; #a$%ar& '/, '(1(CARPIO MORALES, J.:

*ACTS+

Gon>ales *"omplainant-, then a member of labang /o#ntr' /l#b, In"orporated *//I- who was v'ing for a seat in

its oard of @ire"tors, was "harged b' the oard with ai$7 fal-ified 2ro3& for6- for te '((0 eletio$ of)oard 6e68er-.

!hat drew him to file a "omplaint before the !/, $#ntinl#pa /it', for damages against //I.

/omplainant was later dis)#alified as a "andidate and o#sted as a member of the //I. &e th#s amended his

"omplaint in the "ivil "ase b' impleading the members of the oard and he added, as "a#se of a"tion, then#llifi"ation of his dis)#alifi"ation and e+p#lsion.

!/ de"ided in o62lai$a$t- faor, a$d i--%ed a

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PINE>A -. COURT O* APPEALSG.R. No. 1/1!0:; Noe68er 1, '(1(MEN>O?A, J.:

*ACTS+

!his is a 2etitio$ for certiorari %$der R%le !5 filed b' petitioner see:ing to ann#l and set aside @e"ision of the

CA, whi"h reversed rder of !/, Pasig /it' dire"ting the iss#an"e of a rit of Preliminar' $andator' In#n"tionenoining respondent DepEd from enfor"ing its de"ision to "an"el a 75'ear lease of the s"hool "anteen.

Pineda entered into a Me6ora$d%6 of A7ree6e$t (May-MOA) '((0

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In the "ase of "o#do# v. Sadiga!aya,1;it was writtenL !he r#le is, however, "ir"#ms"ribed b' well5defined

e+"eptions, s#"h as1. where the order is a 2ate$t $%llit& 8ea%-e te o%rt a D%o ad $o 4%ri-ditio$M(. where the )#estions raised in the "ertiorari pro"eeding have been d#l' raised and passed

#pon b' the lower "o#rt, or are the same as those raised and passed #pon in the lower3. e2Ed 2oli& on /it'.

M-. Cri-teta, Nadal- a%$t,

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s s#"h, the @! imposed #pon Aadal the penalt' of expu"sionfrom the Fniversit' and re)#ired him to reimb#rse

all !P benefits he had re"eived b#t if he does not vol#ntaril' ma:e reimb#rsement, it shall be Ceffe"ted b' theFniversit' thr# o#tside legal a"tion.C

@! de"ision elevated to the ?+e"#tive /ommittee of F.P. @iliman for review whi"h affirmed the de"ision of the

@!M where#pon, Nadal a22ealed to te )oard of Re7e$t- )OR.

affirmed the de"ision of the @!M the penalt' was modified Cfrom ?+p#lsion to ne 2ear5 #spension.

Aadal filed a $ of the de"isionM g#ilt' *si+ members vote-

the de$F iss#ed a "ertifi"ation to the effe"t that Aadal was indeed a re"ipient of a s"holarship grant from 19;9 to

1983. si+ members.

Nadal 8e77ed Pre-ide$t A8%ea $ot to i--%e a$& 2re-- relea-e re7ardi$7 te a-e.

Nadal filed eree No. '":

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a"ia the title of the !#asonsN vendor, /armel, whi"h had earlier p#r"hased from the Government the land it hads#bse)#entl' s#bdivided into several lots for sale to the p#bli"

Said Pre-ide$tial >eree No. '": 6ade te fi$di$7 tat Car6el ad failed to o62lete 2a&6e$t of te 2rie.

$r. $ar"os disposed of the land of the petitioner spo#ses and others similarl' sit#ated as the', in the following

imperio#s mannerL order and de"ree that an' and all sales "ontra"ts between the government and the originalp#r"hasers, are hereb' "an"elled, and those between the latter and the s#bse)#ent transferees, and an' and alltransfers are hereb' de"lared invalid and n#ll and void ab initio as against the GovernmentM

n the strength of this presidential de"ree, the egister of @eeds of /aloo"an /it' "a#sed the ins"ription on the

T%a-o$- title , tat teir ertifiate of title i- delared i$alid a$d $%ll a$d oid a! iitio a$d o$-idereda$elled a- a7ai$-t te Goer$6e$t a$d te 2ro2ert& de-ri8ed erei$ i- delared o2e$ for di-2o-itio$a$d -ale to te 6e68er- of te Malaa$a$7 =o6eoIANA AEROSPACE UNIVERSITYG.R. No. 10!1"; #%$e ', '((5CARPIO, J.:

*ACTS+ e"#rit' an: as mortgagee and Innovate"h as mortgagor entered into a real e-tate 6ort7a7e.

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Innovate"h se"#red its P(7,000,000 loan from e"#rit' an: with a 6ort7a7e o$ fo%rtee$ o$do6i$i%6 %$it- loated

at Ala8a$7, M%$ti$l%2a Cit&with /ondomini#m /ertifi"ates of the egister of @eeds of $a:ati /it'.

Aebrida *Innovate"h%s Bp- informed e"#rit' an: that I$$oate -old te fo%rtee$ o$do6i$i%6 %$it- to I$dia$a of

Mata$, Ce8%.

Innovate"h provided e"#rit' an: with o2ie- of te >eed of Sale

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*e8r%ar& 1""".': Ti- ti6e, te -ta62ed date of reei2t of te Order -oOG.R. No. 1!0'!/; #%$e '/, '((5

YNARES@SANTIAGO, J.:

*ACTS+

espondent5spo#ses g#inaldo filed before the /P of $anila, a "omplaint against petitioner !orres, r. for

fal-ifiatio$ of 2%8li do%6e$t.

!he' alleged thattitle- to teir 2ro2ertie- oered 8& TCT +

NO.nent the first iss#e, !orres "ontends that the order granting the withdrawal of the information rendered moot

the petition for "ertiorari filed before the /o#rt of ppeals.

Te o$te$tio$ i- %$te$a8le. A 6otio$ to

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attains finalit' after fifteen *17- da's from re"eipt thereof,

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n the same date, the Naio$ali-ta Part& NP a$d te Natio$ali-t Peo2le- Coalitio$ NPC filed a 2etitio$ for

re7i-tratio$ a- a oalitio$ P-PC a$d a-9ed tat it 8e reo7$iFed a$d aredited a- te do6i$a$t6i$orit& 2art&for p#rposes of the $a' 10, (010 ele"tions.C4

P filed its pposition7to the AP5AP/%s petition not a d#l' registered "oalition of politi"al parties at the time of filing

of their petition for a""reditation as dominant minorit' part'M no #risdi"tion to entertain the petition for registration asa "oalition be"a#se the petition sho#ld have been first bro#ght before the proper @ivisionM

?n ban" 7ra$ted te NP@NPC- 2etitio$ for re7i-tratio$ a- a oalitio$ L the registration of "oalitions involves the

e+er"ise of its administrative powers and not its )#asi5#di"ial powersM hen"e, the en ban" "an dire"tl' a"t on it.

n the timeliness of the filing of the petition, the en ban" held that no r#le e+ists setting a deadline for the

registration of "oalitions.

!he P now assails the pril 1(, (010 /$??/ esol#tion for having been iss#ed with grave ab#se of dis"retion,

as followsL!he /$??/ en ban" has no #risdi"tion at the first instan"e to entertain petitions for registration ofpoliti"al "oalitionsM!he /$??/ gravel' ab#sed its dis"retion when it allowed the registration of the p#rportedAP5AP/ "oalition despite the lapse of the deadline for registrationM!he /$??/ gravel' ab#sed its dis"retionwhen it allowed the registration of the p#rported AP5AP/ "oalition despite patent and manifest violations of theAP/ /onstit#tion and '5awsM and

te re-2o$de$t- ar7%e tat te 2re-e$t 2etitio$ rai-e- 6ere error- of 4%d76e$t tat are $ot

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a r#le. /onse)#entl', an error of #dgment that the "o#rt ma' "ommit in the e+er"ise of its #risdi"tion is not "orre"tDaEblethro#gh the original "ivil a"tion of certiorari.C

!he s#pervisor' #risdi"tion of a "o#rt over the iss#an"e of a writ of certiorari"annot be e+er"ised for the p#rpose ofreviewing the intrinsi" "orre"tness of a #dgment of the lower "o#rt O o$ te 8a-i- eiter of te la< or te fat- of tea-e, or of te