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Tible & Tible Company, Inc., et al. Vs. Royal Savings & Loan Assoc. et al.

TIBLE & TIBLE COMPANY, INC., HEIRS OF EMILIO G. TIBLE, JR., namely: ALMABELLA MENLA VDA. DE TIBLE, EMILIO M. TIBLE IV, MA. MYLENE TIBLE, VICTOR M. TIBLE, ERIC M. TIBLE, ALLAN M. TIBLE, NORMAN M. TIBLE and JOHANN EMIL M. TIBLE, Petitioners, versus ROYAL SAVINGS AND LOAN ASSOCIATION (now assigned to COMSAVINGS BANK) and GODOFREDO E. QUILING, Deputy Provincial Sheriff of Calamba, Laguna, Respondents.

G.R. No. 155806 | 2008-04-08

D E C I S I O N


REYES, R.T., J.:

THE remedies of appeal and certiorari are mutually exclusive, not alternative or successive. Certiorari being an extraordinary remedy, the party which seeks to avail of it must observe the Rules strictly.

This is a Rule 45 petition for review on certiorari of the Resolution[1] of the Court of Appeals (CA) which dismissed a Rule 65 petition for certiorari on procedural flaws.

The Facts

The facts, as reflected in the petition and its annexes, are as follows:

Sometime in June 1997, petitioners Tible & Tible Company, Inc. (TTCI) and Emilio G. Tible, Jr. (now deceased), jointly and severally, obtained a...