G.R. No. 212607 - Puerto Del Sol Palawan, Inc. vs. Gabaen

On August 15, 2011, private respondent Andrew Abis filed with NCIP RHO IV Complaint No. 038-RIV-11 for “Unauthorized and Unlawful Intrusion,” alleging that he and the Cuyunen Tribe occupied ancestral lands in Sitio Orbin, Brgy. Concepcion, Busuanga, Palawan since time immemorial.
Abis claimed that petitioner Puerto Del Sol Palawan, Inc. (PDSPI), through Michael Batchelor, intruded into these lands, posted “no trespassing” signs, deployed armed guards, destroyed crops, and developed the Puerto del Sol Resort therein.

On August 22, 2011, RHO IV issued a TRO in favor of Abis. PDSPI filed its Answer on September 8, 2011, denying any overlap with ancestral domain.
After hearings, RHO IV rendered its Decision on November 22, 2012, ruling that the resort sits on Cuyunen ancestral lands and that PDSPI intruded unlawfully; PDSPI received the Decision on November 29, 2012.

PDSPI filed a Motion for Reconsideration on December 10, 2012 (received December 13, 2012); RHO IV denied it by Order dated December 18, 2012 (received December 21, 2012).
PDSPI then filed its Memorandum on Appeal on January 7, 2013; RHO IV denied due course by Order of January 14, 2013, as purportedly late.
Aggrieved, PDSPI filed a certiorari petition with the CA on March 4, 2013 (CA-G.R. SP No. 129036); the CA denied it outright on April 3, 2013, and likewise denied PDSPI’s motion for reconsideration on May 20, 2014.

Whether the Court of Appeals correctly invoked the doctrine of exhaustion of administrative remedies in dismissing PDSPI’s petition for certiorari assailing RHO IV’s January 14, 2013 Order.