REPUBLIC OF THE PHILIPPINES
SUPREME COURT
MANILA
Patrick Jon Romano, G.R. NO. 333333
Petitioner,
-versus-
Hon. Juan dela Cruz,
Presiding Judge of the
Regional Trial Court, Branch
1, Legazpi City (Public
Respondent), AND John Doe
(Private Respondent)
Respondents.
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PETITION FOR CERTIORARI AND MANDAMUS WITH A
PRAYER FOR WRIT OF PRELIMINARY INJUNCTION AND/OR
TEMPORARY RESTRAINING ORDER
PREFATORY STATEMENT
1. This petition respectfully seeks the review by this Honorable
Court of the ORDER, dated June 1, 2020, issued by the Hon. Juan
Dela Cruz, Presiding Judge of the Regional Trial Court (RTC),
Branch 1, of Legazpi City City by way of Certiorari under Rule 65
and by way of mandamus to compel the Hon. Judge to give due
course to the Notice of Appeal filed by the Petitioner in appealing
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the decision of respondent Hon. Judge appointing private
respondent John Doe as regular administrator in SP-001.
1.1. A certified true copy of the order denying the notice of
appeal is attached hereto as Annex “A” hereof, with sub-markings.
A certified true copy of the judgment to be appealed by the
petitioner is also attached hereto as Annex “B” hereof, with sub-
markings.
2. The petitioner respectfully submits that the Public
Respondent acted without or in excess of her jurisdiction or with
grave abuse of discretion amounting to lack or excess of
jurisdiction in the issuance of the questioned Order.
3. The assailed order is one of patent nullity and there is no
appeal or any plain, speedy, and adequate remedy in the ordinary
course of law in seeking the reversal or nullification of the said
Order except this Rule 65 Petition.
4. This Petitioner submits that this Petition is meritorious, is not
being prosecuted manifestly for delay, and it raises substantial
questions that require consideration by this Honorable Court (Sec.
8, Rule 65).
TIMELINESS OF THE PETITION
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On May 2, 2020, petitioner received the Decision of the original
case which is a special proceeding for Probate of a will. Within
thirty (15) days from receipt of notice, or on May 17, 2020,
petitioner filed a Motion for Reconsideration assailing the decision,
but such was denied.
On May 25 2020, petitioner filed a notice of appeal with the
corresponding Record on Appeal as required in special
proceedings or in cases where there are multiple appeals.
On June 5, 2020, Petitioner received a copy of the order denying
due course to his notice of appeal and record on appeal. Without
filing a notice of reconsideration, the petitioner filed a Petition for
Certiorari and Mandamus with the honorable Supreme Court, on
June 10, 2020, within the period allowed by law.
PARTIES
Petitioner Patrick Jon Romano is a resident of Legazpi City, who is
seeking to be appointed as the administrator of the Estate of Juan
Tamad.
Private respondent John Doe is a resident of Brgy. Gogon, Legazpi
City and it may be served with pleadings, notices, orders and other
processes at the said address.
Public Respondent, Hon. Judge Juan Dela Cruz is the Presiding
Judge of Branch 1, Regional Trial Court (RTC) of Legazpi City,
where he may be served summons and other processes of the
court at such address.
STATEMENTS OF FACTS AND THE CASE
On May 2, 2020, petitioner received the Decision of the original
case which is a special proceeding for Probate of a will. Private
respondent John Doe was appointed as Regular administrator of
the Estate through the issuance of respondent judge of a letter of
administration in his favor. Within thirty (15) days from receipt of
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notice, or on May 17, 2020, petitioner filed a Motion for
Reconsideration assailing the decision, but such was denied.
On May 25 2020, petitioner filed a notice of appeal with the
corresponding Record on Appeal as required in special
proceedings or in cases where there are multiple appeals.
On June 1, 2020, Contrary to law, the public respondent Hon.
Judge rendered the assailed order denying due course to the
Notice of appeal of the petitioner on the ground that such order of
appointment of a regular administrator is not a final order and
merely interlocutory and as such may not be the subject of an
appeal.
ASSIGNMENT OF ERROR
THE HONORABLE JUDGE HAS COMMITTED GRAVE ABUSE
OF DISCRETION AMOUNTING TO LACK OR EXCESS OF
JURISDICTION WHEN IT DENIED DUE COURSE TO THE
NOTICE OF APPEAL OF RESPONDENT CONTRARY TO RULE
109 OF THE RULES OF COURT.
ARGUMENTS AND DISCUSSIONS
It is respectfully submitted that in special proceedings multiple
appeals are allowed. The rationale behind allowing more than one
appeal in the same case is to enable the rest of the case to
proceed in the event that a separate and distinct issue is resolved
by the court and held to be final. Under Sec. 1(e) of Rule 109 of the
rules of court, the issuance of letters of administration is a final
order and thus appealable. The public respondent Hon. Judge has
erroneously ruled that such order is merely interlocutory and may
not be appealed.
PRAYER
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WHEREFORE, premises considered, Petitioner most respectfully
prays of the Most Honorable Court the following:
1. That this Petition be given due course;
2. That a Preliminary Mandatory Injunction and/or Temporary
Restraining Order be issued pending resolution of the instant
petition;
3. That after notice and hearing, a final order be issued:
SETTING ASIDE AND OVERRULING the June 1, 2020 order
issued by respondent Hon. Judge.
Other reliefs and remedies, which are just and equitable, are
likewise prayed for.
Legazpi City for City of Manila; 26 March 2015
Respectfully Submitted:
Patrick Jon Romano
Petitioner
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Republic of the Philippines}
Legazpi City }S.S
VERIFICATION WITH DECLARATION
OF NON- FORUM SHOPPING
I, PATRICK JON ROMANO, a Filipino citizen and of legal age, and presently
residing in Legazpi City, after having been duly sworn on oath, hereby
deposes and states THAT:
1. I am the Petitioner in the above-entitled petition;
2. That I caused the preparation and filing of the above Petition for
Certiorari and Mandamus with a Prayer for the Issuance of
Preliminary Mandatory Injunction and all the allegations thereon
were read by me and found them to be true and correct of my
personal knowledge and based on authentic records;
3. That I have not previously filed a similar complaint, petition or any
other action before the Honorable Supreme Court, Court of Appeals,
Regional Trial Court or any other office or tribunal, and if such
complaint, petition, action or proceedings will be discovered by us in
the future, we undertake to report the same to this Honorable Office
within five (5) days from discovery thereof.
IN TRUTH WHEREOF, I hereunto set my hand this 10 th day of June, 2020
here at the City of Legazpi, Philippines.
PATRICK JON ROMANO
Affiant
SUBSCRIBED AND SWORN to before me this 10th of June 2020 here at the
City of Legazpi, Philippines. Affiants exhibiting to me his Voter’s Identification
Card bearing Number ____________as evidence establishing his identity.
Atty. Juanito Dela Cruz
Notary Public
DOC. NO. _________________
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PAGE NO. _________________
BOOK NO. ________________
SERIES OF 2020
People of the Philippines}
Legazpi City }S.S
AFFIDAVIT OF SERVICE
I, Men sahero, Filipino, of legal age and presently residing in Cruzada,
Legazpi City, after being duly sworn on oath, depose and state:
1. I am the special messenger of the petitioner.
2. I served copies of the Verified Petition for Certiorari and Mandamus
with Prayer for the Issuance of Preliminary Mandatory Injunction filed before
the Most Honorable Supreme Court on the following parties at their respective
addresses by delivering personally a copy of the Complaint – Affidavit on each
of the above persons or duly authorized representative and/or by leaving a
copy of the same at his residence or office, with a person of sufficient age and
discretion or by depositing a copy in the post office, in a sealed envelope,
plainly addressed to the addressee at his residence or office, with
postage fully prepaid, and with instructions to the postmaster to return
the mail to the sender after ten (10) days if undelivered.
IN WITNESS WHEREOF, I have hereunto set my hand this
___________day of March 2020 in the City of Legazpi.
MEN SAHERO
SUBSCRIBED AND SWORN to before me this day of March 2020
in the City Legazpi, affiant exhibiting to me his Community Tax Certificate No.
issued on _______________ 2020 at the City of Legazpi.
NOTARY PUBLIC
DOC. NO. _______
PAGE NO. ________
BOOK NO. _______
Series of 2020
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