G.R. No. 152766 - Sanchez vs. Court of Appeals

Petitioner Lilia Sanchez constructed a house on a 76-sq. m. lot co-owned by six siblings under TCT No. 263624: Eliseo (m. Celia), Marilyn (m. Nicanor), Lilian (widow), Nenita (single), Susana (m. Fernando) and Felipe.
On 23 June 1995 the six co-owners executed a Deed of Absolute Sale in favor of Virginia Teria (registered under TCT No. 289216), with petitioner’s purported signature later proven a forgery.

In September 1995 Virginia Teria filed an action for recovery of possession before MeTC-Br. 49, Caloocan City. On 12 February 1998 the MeTC held the sale valid for 5/6 of the lot and declared the remaining 1/6 to belong to petitioner due to the forgery.
Petitioner appealed to RTC-Br. 120 but her counsel failed to file a memorandum. On 27 July 1998 the RTC affirmed the MeTC decision. A writ of execution issued on 4 November 1998, and after petitioner’s refusal to vacate, Teria began demolishing petitioner’s house on 28 April 1999 (continuing until 24 May 1999).

On 29 October 1999 petitioner filed a Petition for Relief from Judgment with the RTC, alleging counsel negligence; the petition and a subsequent motion for reconsideration were denied.
On 14 June 2000 she filed a certiorari petition with the Court of Appeals, which was dismissed on 23 May 2001; its motion for reconsideration was denied on 8 January 2002. Petitioner then elevated the case to the Supreme Court.

Whether the Court of Appeals committed grave abuse of discretion in dismissing petitioner’s certiorari petition for lack of merit.