DISPOSITIVE:
“WHEREFORE, the Court resolves to DISMISS the petition for failure to observe the rules on court intervention allowed by RA No. 9285 and the Special ADR Rules, specifically Rule 19.36 and Rule 19.37 of the latter, in the pending arbitration proceedings of the parties to this case.
SO ORDERED.”
SUBJECTS/DOCTRINES/DIGEST:
THE AD HOC ARBITRAL TRIBUNAL ADMITTED RESPONDENT’S AMENDED STATEMENT OF CLAIMS. PETITIONER FILED THIS PETITION FOR CERTIORARI ON THE GROUND THAT THE ARBITRAL TRIBUNAL COMMITTED GRAVE ABUSE OF DISCRETION. IS PETITION FOR CERTIORARI PROPER?
NO. THE ORDER BEING QUESTIONED IS NOT FROM A JUDGMENT OR FINAL ORDER OR RESOLUTION OF THE COURT OF APPEALS BUT ONLY FROM AN INTERLOCUTORY ORDER OF AN ARBITRAL TRIBUNAL.
“It is clear that an appeal by certiorari to the Supreme Court is from a judgment or final order or resolution of the Court of Appeals and only questions of law may be raised. There have been instances when we overlooked the rule on hierarchy of courts and took cognizance of a petition for certiorari alleging grave abuse of discretion by the Regional Trial Court when it granted interim relief to a party and issued an Order assailed by the petitioner, considering the transcendental importance of the issue involved therein35 or to better serve the ends of justice when the case is determined on the merits rather on technicality.36 However, in this case, the appeal by certiorari is not from a final Order of the Court of Appeals or the Regional Trial Court, but from an interlocutory order of the Arbitral Tribunal; hence, the petition must be dismissed.”
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