G.R. No. L-21496 September 17, 1965.
ACAY BALBALIO and POLITO LIC-CANO, petitioners, vs. HEIRS OF THE DECEASED SPOUSES IGNACIO B. GALABAN and MAGDALENA BAUTISTA, represented by their administrators VICENTE GALABAN and NAPOLEON BACORRO and THE HON. JUDGE AMADO S. SANTIAGO, respondents.

FACTS

The Court of First Instance of Pangasinan rendered a judgment on November 28, 1962. The heirs of the deceased spouses filed a notice of appeal and record on appeal on January 3, 1963, and filed an appeal bond on January 4, 1963. The petitioners, Acay Balbalio et al., moved to dismiss the appeal on the ground that the appeal bond was filed one day after the reglementary period. The trial court denied the motion on March 14, 1963, gave due course to the appeal, and ordered the records forwarded. A motion for reconsideration was also denied on June 21, 1963. Subsequently, on July 3, 1963, the petitioners filed the instant special civil action for certiorari with the Supreme Court to assail the trial court’s orders.

ISSUE

Whether the petitioners may avail of the special civil action for certiorari to assail the trial court’s orders denying their motion to dismiss the appeal for late filing of the appeal bond.

RULING

No. The petition for certiorari is denied. The Supreme Court held that the petitioners have a plain, adequate, and speedy remedy in the ordinary course of law. They may file a motion to dismiss the appeal in the appellate court, in their capacity as appellees, on the ground of the appellants’ failure to file the appeal bond within the prescribed time. The fact that a motion to dismiss had been filed and denied by the trial court does not preclude the movants from renewing said motion in the appellate court. Such a motion to dismiss filed with the appellate court has the effect of an appeal from the order of the trial court denying the motion, and the appellate court may either ratify or reverse the trial court’s action. Accordingly, since an adequate remedy exists, petitioners cannot avail of certiorari.