EDWATER REALTY DEVELOPMENT, INC., PETITIONER, VS. HON. ROMEO DIZON TAGRA, IN HIS CAPACITY AS THE PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 273, MARIKINA CITY AND THE HEIRS O…
YBAÑEZ, J.:
Filed under Rule 42 of the Revised Rules of Court, the instant petition seeks a review of the Decision dated 30 September 2013 and Order dated 19 November 2013,[1] respectively, rendered by the RTC, Branch 273, Marikina City, in Civil Case No. 07-1185-MK.
A close scrutiny of the subject Decision and Order however, would reveal that the same were rendered by the RTC in the exercise of its original jurisdiction in an action to revive a final judgment or decision. Clearly then, the instant petition for review is not the proper remedy available to the herein petitioner but an ordinary appeal under Rule 41 of the Revised Rules of Court.[2]
WHEREFORE, the petition is hereby DISMISSED.
SO ORDERED.
Dimaampao, (Chairperson) and Sadang, JJ., concur.
[1] Rollo, pp. 62-71 and 77-78.
[2] Charlie Vios and Sps. Rogelio and Teresita Antonio, and as nominal party, Hon. Emilio L. Leachon, Presiding Judge, RTC, Br. 224, Quezon City, petitioners, vs. Manuel Pantangco, Jr., G.R. No. 163103, February 6, 2009.