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[ G.R. No. 136750. February 8, 1999]

NARCISIO SALAS vs. ANNABELLE MATUSALEM

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 8, 1999.

G.R. No. 136750 (Narciso Salas vs. Annabelle Matusalem.)

Petitioner assails the Regional Trial Court of the Fourth Judicial Region (Branch 26, Cabanatuan City) for denying his motion to postpone in a civil case for damages and support pendente lite against him.

The petition should be dismissed for a number of reasons, to wit: a) a petition for review on certiorari under Rule 45, such as the one now before us, is not the proper and correct remedy or mode to question the existence of grave abuse of discretion on the part of any judge, court, or tribunal - it is an exclusive manner of elevating to this Court decisions or other resolutions of the Court of Appeals; b) prematurity and violation of the doctrine of the hierarchy of courts, for this Court will not entertain direct resort to it unless the redress sought cannot be obtained in the appropriate courts or unless there are compelling reasons to justify availment of a remedy within this Court and calling for the exercise of its primary jurisdiction; c) the petition is not accompanied by certified true copies of the assailed orders. All of the above, together or singly, fully justify the outright dismissal of the petition.

WHEREFORE, petition is hereby denied due course.

Very truly yours,

(SGD.) VIRGINIA ANCHETA-SORIANO

Clerk of Court


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