ALLEN JOSEPH T. QUIWA, DAVID JEROME T. QUIWA, JELAINE MAYDEL T. QUIWA, AND JEAN KIRSTI T. QUIWA, PLAINTIFFS-APPELLEES, VS. SPS. SERGIO SANTOS AND CARMEN G. SANTOS, DEFENDANTS-AP…

In a letter dated January 27, 2015 of Mr. Ronnie A. Inacay, Officer-in-Charge, Civil Cases Section of this Court, it was manifested that:

The original records of the above-entitled case was transmitted and received by the Court on 9 December 2014 from the Regional Trial Court, Branch 46, San Fernando City, Pampanga. The case was docketed and subsequently raffled to the Hon. Fernanda Lampas Peralta on 12 December 2014. However, upon checking of the records, it was found out that the instant case was a SPECIAL CASE. Hence, this antecedent facts for report:

	1.	December 16, 2013	–	Decision of the MTCC, Br. III, San Fernando City, Pampanga (O.R. pp. 380-389)
	2.	January 20, 2014	–	Notice of Appeal from the MTCC decision filed by the defendants-appellants (O.R. pp. 407-407-A)
	3.	September 26, 2014	–	Decision of the RTC-Br. 46, San Fernando City, Pampanga (O.R. pp. 453-456)
	4.	October 13, 2014	–	Notice of Appeal filed by the counsel for the respondents- appellants (O.R. pp. 460)
	5.	October 24, 2014	–	RTC received a copy of the Petition for Review filed by the petitioners-appellants with this Court (O.R. pp. 462-501)
			–	Order giving due course to the Notice of Appeal and ordering the elevation of the original records to this Court (O.R. p. 502)

Upon verification, petitioners Spouses Sergio Santos and Carmen G. Santos filed a Petition for Review on 23 October 2014 and docketed CA-G.R. SP No. 137678 with this Court and subsequently raffled to the Hon. Nina G. Antonio-Valenzuela.

The foregoing considerations show that defendants-appellants had filed both a notice of appeal, and a petition for review of the Regional Trial Court’s Decision. The petition for review is pending before another Justice of this Court.

In the present case, there is no denying that the mode of appeal taken by defendants-appellants, which is by way of notice of appeal from the Decision rendered by the Regional Trial Court in the exercise of its appellate jurisdiction, is inappropriate.^[1] The present appeal must therefore be dismissed.^[2]

WHEREFORE, the present appeal is dismissed outright.

SO ORDERED.

Cruz, S.C., and Hernando, R.P.L., JJ., concur.

---

^[1] Section 1, Rule 42, 1997 Rules of Civil Procedure, as amended

^[2] Section 2, Rule 50, ibid.