Tuesday, June 5, 2012

NOTICE OF APPEAL IS THE PROPER MODE OF APPEAL FROM A DECISION OF THE RTC IN A PETITION FOR CERTIORARI UNDER RULE 65:


Since the decision of the RTC in the petition for certiorari under Rule 65 was rendered in the exercise of its original jurisdiction, appeal from the said RTC decision to the Court of Appeals should have been made by filing a notice of appeal, not a petition for review under Rule 42. (BF CITILAND CORPORATION vs. MARILYN B. OTAKE, G.R. No. 173351, July 29, 2010, CARPIO, J.).

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.