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ISSUE:
WON the petition for certiorari was filed beyond the reglementary period.
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The resolutions dated June 2, 2000 which dismissed the petition for
certiorari is set aside and the case is remanded back to CA for further
proceedings.
2.
Petitioners contention: The petition for certiorari filed with CA was within
the reglementary period pursuant to Rule 65 of the 1997 Rules on Civ Pro.
They further claimed that when the assailed Order was received on April 3,
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2000, the petition was filed on May 31, 2000 which was only the 58 day.
Respondents contention: Tarbunal said that he is aware that Sec 4, Rule
65 of the 1997 Rules on Civ Pro was later amended and took effect on
September 1, 2000, hence, when the petition was filed with CA on June 2,
2000 was not yet covered by said amendment.