Title
Ong vs. Mazo
Case
G.R. No. 145542
Decision Date
Jun 4, 2004
A vehicular accident led to a damages complaint. Petitioner challenged the trial court's denial of written interrogatories and the appellate court's dismissal of her certiorari petition as untimely. The Supreme Court ruled the petition timely and emphasized the importance of discovery procedures.
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Case Summary (G.R. No. 145542)

Factual Background

The case arises from a complaint for damages filed by respondents Elvira C. Lanuevo and Charito A. Tomilloso against petitioner Elena S. Ong and Iluminado J. Caramoan, stemming from a vehicular accident involving a bus owned by the petitioner and driven by Caramoan. The Regional Trial Court (RTC) of Guiuan, Eastern Samar, was assigned the case, recorded under Civil Case No. 887.

Procedural History

After the petitioner filed an Answer with a Counterclaim and a motion to dismiss, the respondents submitted a motion for leave to file an amended complaint, which the court approved. Subsequently, petitioner served written interrogatories on respondents and later sought an order from the trial court to compel the respondents to respond. The trial court denied the motion, stating it constituted a "fishing expedition" better suited for a pre-trial conference. Petitioner’s motion for reconsideration was similarly denied.

Court of Appeals Proceedings

Petitioner filed a petition for certiorari with the Court of Appeals (CA), claiming grave abuse of discretion in the trial court’s orders. However, the CA dismissed the petition as belated, stating it was filed two days after the allowable period. This decision prompted the petitioner to seek reconsideration, which was also denied.

Jurisdictional Issue

The appellate court treated the petition as an ordinary appeal rather than a certiorari petition, leading to the conclusion that it was filed outside the reglementary period. Respondents argued the trial court had jurisdiction to rule on the discovery methods employed by the petitioner and that certiorari was improper since a mere error of law could be appealed.

Key Legal Findings

Upon review, the Supreme Court found merit in the petitioner’s position. The amended Rule 65 indicates that if a motion for reconsideration is filed, the petition must be brought within 60 days from the denial of that motion. The Supreme Court determined that the petitioner’s filing on August 4, 2000, was in line with this revised timeframe, as it fell within a fresh period for certiorari petitions resulting from the denial of her motion for reconsideration.

Court's Conclusion

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