The Supreme Court ruled that a party seeking to challenge a lower court’s order via a special civil action for certiorari must generally first file a motion for reconsideration with the lower court. This requirement is crucial because certiorari is an extraordinary remedy, not a substitute for appeal. Failing to seek reconsideration prevents the lower court from correcting its potential errors and violates the principle of hierarchy of courts.

Property Rights and Legal Remedies: The Case of Nuque vs. Aquino

This case revolves around a land dispute in Gerona, Tarlac. Edgar Nuque, the petitioner, acquired three parcels of land through a public auction. However, Fidel Aquino, one of the respondents, obtained a title over two of the lots by filing a free patent application, even though the properties were already owned by Hospicia Cardona, from whom Nuque derived his ownership. Aquino then sold the properties to the spouses Alejandro and Erlinda Babina. Nuque filed a complaint for cancellation of title with damages, which the Regional Trial Court (RTC) granted, declaring Aquino’s and the Babina spouses’ titles null and void. The decision became final and executory after an appeal was not perfected, leading to the cancellation of the respondent spouses’ title. When the respondent spouses continued to occupy the land, Nuque filed an Ex-Parte Motion for Writ of Possession, which the RTC denied, stating that the original action was only for cancellation of titles, and did not include a prayer for recovery of possession. Nuque then filed a special civil action for certiorari with the Court of Appeals (CA), questioning the RTC’s denial of his motion. The CA dismissed the petition because Nuque failed to file a motion for reconsideration of the RTC order before filing the certiorari petition. This prompted Nuque to file a petition for review on certiorari with the Supreme Court.

The Supreme Court emphasized that the proper remedy for a final order is an appeal, not a special civil action for certiorari. According to the Court, “the proper remedy to obtain a reversal of judgment on the merits, final order or resolution is appeal. This holds true even if the error ascribed to the court rendering the judgment is its lack of jurisdiction over the subject matter, or the exercise of power in excess thereof, or grave abuse of discretion in the findings of fact or of law set out in the decision, order or resolution.” The availability of appeal generally bars resort to certiorari, because one of the requirements for certiorari is the unavailability of appeal.

Even if certiorari was proper, the Court found no error in the CA’s dismissal. The Court cited Section 1, Rule 65 of the Rules of Court, which states that certiorari is available when there is no appeal “nor any plain, speedy, and adequate remedy in the ordinary course of law.” The Court clarified that a motion for reconsideration is generally considered a plain and adequate remedy that must be pursued before filing a special civil action for certiorari. The purpose of this requirement is to allow the lower court an opportunity to correct any errors it may have committed.

However, the Court also acknowledged exceptions to this rule, such as when the order is a patent nullity, where the questions raised have already been passed upon by the lower court, or where a motion for reconsideration would be useless. The Court stated that:

“It is true that there are exceptions to the above rule, to wit: (a) where the order is a patent nullity, as where the court a quo has no jurisdiction; (b) where the questions raised in the certiorari proceedings have been duly raised and passed upon by the lower court, or are the same as those raised and passed upon in the lower court; (c) where there is an urgent necessity for the resolution of the question and any further delay would prejudice the interests of the Government or of the petitioner or the subject matter of the action is perishable; (d) where, under the circumstances, a motion for reconsideration would be useless; (e) where petitioner was deprived of due process and there is extreme urgency for relief; (f) where, in a criminal case, relief from an order of arrest is urgent and the granting of such relief by the trial court is improbable; (g) where the proceedings in the lower court are a nullity for lack of due process; (h) where the proceedings was ex parte or in which the petitioner had no opportunity to object; and (i) where the issue raised is one purely of law or public interest is involved.”

Despite these exceptions, the Supreme Court found that Nuque failed to demonstrate that his case fell under any of them. He did not provide sufficient justification for dispensing with the requirement of filing a motion for reconsideration. The Court reiterated that certiorari is a discretionary remedy, not a matter of right, and applicants must adhere strictly to the rules.

Nuque argued that filing a motion for reconsideration would have been futile, given the trial court’s mindset. However, the Supreme Court rejected this argument, stating that a party cannot unilaterally determine whether a motion for reconsideration is necessary. Judgments become final only after the reglementary period for appeal or reconsideration has lapsed, as emphasized by the Court: “Petitioner cannot, on his bare and self-serving representation that reconsideration is unnecessary, unilaterally disregard what the law requires and deny the RTC its right to review its pronouncements before being hailed to court to account therefore.”

The Court concluded by stressing the importance of procedural rules in facilitating the adjudication of cases. While some flexibility is allowed, it should not enable litigants to violate the rules with impunity. The procedural shortcut taken by Nuque was deemed unjustifiable and fatal to his case.

FAQs

What is a writ of certiorari?	A writ of certiorari is an order from a higher court to a lower court, directing the lower court to send the record of a case for review. It is used when the lower court is alleged to have acted without or in excess of its jurisdiction, or with grave abuse of discretion.
What is the role of a Motion for Reconsideration?	A Motion for Reconsideration is a pleading filed in court requesting the court to re-evaluate its decision or order, pointing out errors of law or fact. It is a prerequisite before elevating a case to a higher court via certiorari to give the lower court a chance to correct itself.
Why did the CA dismiss Nuque’s petition?	The Court of Appeals dismissed Nuque’s petition because he failed to file a Motion for Reconsideration of the RTC Order before filing his certiorari petition. This failure to exhaust available remedies was a procedural misstep that barred him from seeking relief via certiorari.
What are the exceptions to filing a Motion for Reconsideration?	Exceptions include situations where the order is a patent nullity, the issue is purely one of law, or a Motion for Reconsideration would be useless. However, the Supreme Court found that none of these exceptions applied to Nuque’s case.
What was the main issue in the Nuque v. Aquino case?	The main issue was whether the Court of Appeals erred in dismissing Nuque’s petition for certiorari due to his failure to file a Motion for Reconsideration of the Regional Trial Court’s order denying his Motion for Writ of Possession.
What was the effect of the finality of the decision in the cancellation of title case?	The finality of the decision in the cancellation of title case meant that the titles of Fidel Aquino and the spouses Babina were declared null and void, and the titles of Hospicia Cardona were declared valid. It also meant that Nuque was entitled to the ownership of the lands under Cardona’s titles.
Can a party unilaterally decide that a Motion for Reconsideration is unnecessary?	No, a party cannot unilaterally decide that a Motion for Reconsideration is unnecessary. The Supreme Court emphasized that the determination of whether a Motion for Reconsideration is required is not up to the individual litigant.
What is the significance of procedural rules in litigation?	Procedural rules are designed to facilitate the orderly and speedy administration of justice. Litigants and courts alike are expected to adhere to these rules, as they ensure fairness and efficiency in the legal process.

This case serves as a reminder of the importance of adhering to procedural rules, particularly the requirement of filing a Motion for Reconsideration before resorting to a special civil action for certiorari. Failure to do so can be fatal to one’s case, as it deprives the lower court of the opportunity to correct itself and violates the principle of hierarchy of courts.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Edgar C. Nuque v. Fidel Aquino and Spouses Alejandro and Erlinda Babina, G.R. No. 193058, July 08, 2015