G.R. No. 200104 - Bernardo vs. Soriano

Iluminada C. Bernardo filed a Petition for Habeas Corpus against Evangeline Lawas, Head Social Worker of DSWD Mandaluyong, seeking production of her minor granddaughter, Stephanie Verniese B. Soriano.
RTC Branch 209 converted the habeas corpus petition into a custody case; respondent Ana Marie B. Soriano, Stephanie’s mother, intervened, seeking custody.
RTC Decision dated August 5, 2010 upheld Soriano’s parental rights but awarded Bernardo temporary custody for school year 2009–2010.

Bernardo’s Motion for Reconsideration was denied on August 31, 2010. On the same day Soriano filed her Comment with Motion for Partial Reconsideration.
Bernardo filed a Notice of Appeal on September 8, 2010; RTC denied it due course on September 9, 2010, citing the pendency of Soriano’s motion.
RTC granted Soriano’s Motion for Partial Reconsideration on October 22, 2010, allowing her immediate custody; Bernardo’s subsequent motion for reconsideration was denied on January 31, 2011.

On March 15, 2011 Bernardo filed a Rule 65 petition alleging grave abuse of discretion by the RTC in denying due course to her Notice of Appeal.
The Court of Appeals, in its Decision dated August 11, 2011 and Resolution dated January 6, 2012, denied and refused to reconsider the certiorari petition.

Whether the Court of Appeals erred in denying Bernardo’s Petition for Review on Certiorari.
Whether the RTC committed grave abuse of discretion by denying due course to Bernardo’s timely Notice of Appeal on the ground that Soriano’s Motion for Partial Reconsideration was pending.