GR 42625; (November, 1934) (Digest)
G.R. No. 42625 ; November 26, 1934
GULLERMO AMANTE, petitioner, vs. PEDRO MA. SISON, Judge of First Instance of Batangas, and ROSARIO MANZANERO, respondents.
FACTS
Petitioner Guillermo Amante filed an application for summary settlement of the estate of the deceased Leopoldo Laurel under Section 597 of the Code of Civil Procedure, as amended. The court approved the claims against the estate, including Amante’s, and ordered the sale of the real property. Amante purchased the property at the sale, which was approved by the court and registered. After paying the claims, a surplus remained. The widow of the deceased, respondent Rosario Manzanero, filed motions to set aside the order approving the claims. The court initially denied her motion but later, on September 27, 1934, granted another motion, set aside its previous order, appointed the widow as administratrix, and directed the appointment of commissioners. Amante filed a petition for certiorari to annul the September 27 order, arguing the court lost jurisdiction because the earlier order had become final and was fully executed.
ISSUE
Whether the petition for certiorari should be granted to annul the order of the trial court dated September 27, 1934.
RULING
No. The Supreme Court denied the petition. It held that the petitioner failed to file a motion for reconsideration in the trial court before resorting to certiorari. The established rule requires that a motion for reconsideration must first be filed to give the lower court an opportunity to correct its alleged error or reexamine the legal aspect of the case. This rule, upheld in prior jurisprudence, was not followed here, and no special circumstances were shown to justify immediate direct action. Therefore, the petition could not prosper. Costs were imposed on the petitioner.
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