This case has been cited 1 times or more.
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2003-02-11 |
CORONA, J. |
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| During the scheduled hearing for the initial presentation of evidence of the defense on February 3, 2000, the trial court denied the motion for reconsideration of the petitioners for lack of merit.[13] The petitioners elevated the matter to the Court of Appeals through a petition for certiorari[14] maintaining that they were not accorded their right to due process when their motion for reconsideration was denied by the trial court prior to its scheduled hearing on February 15, 2000. However, the petition was dismissed by the Court of Appeals in the questioned Resolution promulgated on March 6, 2000 for being premature and for lack of merit. The appellate court explained that the questioned order of the trial court was interlocutory and could not be assailed in a petition for certiorari and that, moreover, res judicata did not apply insofar as the claim in Civil Case No. Q-98-33149 was concerned. The subsequent motion for reconsideration was denied by the appellate court on May 19, 2000. Hence, the instant petition[15] raising the sole issue of whether or not the Court of Appeals exceeded its jurisdiction when it dismissed the petition in CA-G.R. SP No. 57455. | |||||