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[39] Cagayan Economic Zone Authority v. Meridien Vista Gaming Corporation, supra note 11.
[40] Id.
[41] Rollo (G.R. No. 199972), p. 2852. Up to present, CA-G.R. SP No. 120236 is still pending as the CA finds the resolution of the present case necessary to its disposition. See Letter of the CA Division Clerk of Court dated January 28, 2021.
[42] Go-Yu v. Yu, G.R. No. 230443, April 3, 2019; citing Republic of the Philippines v. Sandiganbayan (First Division), 525 Phil. 804, 809-810 (2006); and Go v. Judge Abrogar, 446 Phil. 227,238 (2003).
[43] Id.
[44] 736 Phil. 264 (2014).
[45] Id. at 277-278.
[46] Entitled "AN ACT TO PROHIBIT CERTAIN ACTIVITIES IN CONNECTION WITH HORSE RACES AND BASQUE PELOTA GAMES (JAI-ALAI), AND TO PRESCRIBE PENALTIES FOR ITS VIOLATION," approved on June 20, 1953.
[47] Rollo (G.R. No. 199972), p. 400.
[48] Oca v. Custodio, 814 Phil. 641, 675 (2017).
[49] Id. at 681.
[50] Rollo (G.R. No. 199972), p. 234.
[51] Id. at 253-261-A; emphasis supplied.
[52] Id. at 220-221 and 224-225; emphasis supplied.
[53] "Unless a law, rule, or act is annulled in a direct proceeding, it is presumed valid." See Kilusang Mayo Uno v. Aquino III, April 2, 2019, 899 SCRA 492, 540.
[54] Rollo (G.R. No. 206118), pp. 52-85.
[55] GMA Network, Inc. v. National Telecommunications Commission, 780 Phil. 244, 252 (2016).
[58] Id. at 69.
[59] Id. at 175-177.
[60] Id. at 44-45.
[61] See Vios v. Pantangco, Jr., 597 Phil. 705, 720 (2009); and Longino v. Generai, 491 Phil. 600, 615 (2005).
[62] SEC. 1. Petition for certiorari. — When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal, board or officer, and granting such incidental reliefs as law and justice may require.
SEC 2. Petition for prohibition. – When the proceedings of any tribunal, corporation, board, officer or person, whether exercising judicial, quasi-judicial or ministerial functions, are without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may tile a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered commanding the respondent to desist from further proceedings in the action or matter specified therein, or otherwise granting such incidental reliefs as law and justice may require. (Emphases supplied)
[63] Madrigal Transport, Inc. v. Lapanday Holdings Corporation, 479 Phil. 768, 782 (2004).
[64] Vios v. Pantangco, Jr., supra note 61 at 717; and Longino v. General, supra note 61 at 615.
[65] See Vios v. Pantangco, Jr., id. at 719.
[66] REVISED RULES OF COURT, Rule 41, SEC. 1. Subject of appeal. — An appeal may be taken from a judgment or final order that completely disposes of the case, or of a particular matter therein when declared by these Rules to be appealable. x x x; Rule 42, SEC. 2. How appeal taken; x x x — A party desiring to appeal from a decision of the Regional Trial Court rendered in the exercise of its appellate jurisdiction may file a verif1ed petition for review with the Court of Appeals, x x x; Rule 43; SEC. 1. Scope — This Rule shall apply to appeals from judgments or final orders of the Court of Tax Appeals and from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions. x x x (Emphases supplied).
[67] Supra note 63 at 778.
[68] See Vios v. Pantangco, Jr., supra note 61 at 719-720; and Longino v. General, supra note 61 at 615.
[40] Id.
[41] Rollo (G.R. No. 199972), p. 2852. Up to present, CA-G.R. SP No. 120236 is still pending as the CA finds the resolution of the present case necessary to its disposition. See Letter of the CA Division Clerk of Court dated January 28, 2021.
[42] Go-Yu v. Yu, G.R. No. 230443, April 3, 2019; citing Republic of the Philippines v. Sandiganbayan (First Division), 525 Phil. 804, 809-810 (2006); and Go v. Judge Abrogar, 446 Phil. 227,238 (2003).
[43] Id.
[44] 736 Phil. 264 (2014).
[45] Id. at 277-278.
[46] Entitled "AN ACT TO PROHIBIT CERTAIN ACTIVITIES IN CONNECTION WITH HORSE RACES AND BASQUE PELOTA GAMES (JAI-ALAI), AND TO PRESCRIBE PENALTIES FOR ITS VIOLATION," approved on June 20, 1953.
[47] Rollo (G.R. No. 199972), p. 400.
[48] Oca v. Custodio, 814 Phil. 641, 675 (2017).
[49] Id. at 681.
[50] Rollo (G.R. No. 199972), p. 234.
[51] Id. at 253-261-A; emphasis supplied.
[52] Id. at 220-221 and 224-225; emphasis supplied.
[53] "Unless a law, rule, or act is annulled in a direct proceeding, it is presumed valid." See Kilusang Mayo Uno v. Aquino III, April 2, 2019, 899 SCRA 492, 540.
[54] Rollo (G.R. No. 206118), pp. 52-85.
[55] GMA Network, Inc. v. National Telecommunications Commission, 780 Phil. 244, 252 (2016).
[58] Id. at 69.
[59] Id. at 175-177.
[60] Id. at 44-45.
[61] See Vios v. Pantangco, Jr., 597 Phil. 705, 720 (2009); and Longino v. Generai, 491 Phil. 600, 615 (2005).
[62] SEC. 1. Petition for certiorari. — When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal, board or officer, and granting such incidental reliefs as law and justice may require.
SEC 2. Petition for prohibition. – When the proceedings of any tribunal, corporation, board, officer or person, whether exercising judicial, quasi-judicial or ministerial functions, are without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may tile a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered commanding the respondent to desist from further proceedings in the action or matter specified therein, or otherwise granting such incidental reliefs as law and justice may require. (Emphases supplied)
[63] Madrigal Transport, Inc. v. Lapanday Holdings Corporation, 479 Phil. 768, 782 (2004).
[64] Vios v. Pantangco, Jr., supra note 61 at 717; and Longino v. General, supra note 61 at 615.
[65] See Vios v. Pantangco, Jr., id. at 719.
[66] REVISED RULES OF COURT, Rule 41, SEC. 1. Subject of appeal. — An appeal may be taken from a judgment or final order that completely disposes of the case, or of a particular matter therein when declared by these Rules to be appealable. x x x; Rule 42, SEC. 2. How appeal taken; x x x — A party desiring to appeal from a decision of the Regional Trial Court rendered in the exercise of its appellate jurisdiction may file a verif1ed petition for review with the Court of Appeals, x x x; Rule 43; SEC. 1. Scope — This Rule shall apply to appeals from judgments or final orders of the Court of Tax Appeals and from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions. x x x (Emphases supplied).
[67] Supra note 63 at 778.
[68] See Vios v. Pantangco, Jr., supra note 61 at 719-720; and Longino v. General, supra note 61 at 615.
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