Facts:

• Remedios M. Mauleon filed a petition for certiorari against Lolina Moran Porter.
• On December 2, 2008, Porter filed a complaint for ejectment to recover possession of property located at 10th Avenue, Caloocan City.
• Porter claimed ownership through a Deed of Absolute Sale executed on August 28, 2007, by Mauleon and her husband.
• Despite the sale, Mauleon continued to occupy the property and failed to vacate after several demands, including a letter dated November 3, 2008.
• Mauleon did not pay rent of PhP10,000.00 per month from September 2007.
• On April 24, 2009, the Metropolitan Trial Court of Caloocan City, Branch 53 (MeTC) ordered Mauleon to vacate and to pay attorney's fees and costs.
• Mauleon did not appeal the decision but filed various motions, which were all denied.
• Mauleon then filed a petition for certiorari under Rule 65 before the Regional Trial Court of Caloocan City, Branch 128 (RTC), which dismissed her petition.
• The Court of Appeals (CA) upheld the RTC's decision.
• Mauleon elevated the case to the Supreme Court.

Issue:

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Ruling:

• The Supreme Court denied Mauleon's petition and affirmed the CA's decision.
• The RTC's dismissal of Mauleon's certiorari petition was upheld.
• The temporary...(Unlock)

Ratio:

• The Supreme Court found no reversible error in the CA's decision.
• Mauleon's action before the RTC was based on the validity of the August 18, 2009 Order, which granted execution of the MeTC Decision.
• An order of execution is not appealable; therefore, certiorari was the proper remedy.
• No grave abuse of discretion was found in the MeTC's actions.
• Mauleon and her counsel failed to appear at the preliminary conference on March 27, 200...continue reading