$. Upretne Qcourt: of Tbe Flbilippines

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FIRST DIVISION

NOTICE
Sirs/Mesdames:
Please take notice that the Court, First Division, issued a Resolution
dated

November 10, 2014 which reads as follows:

"G.R. No. 214545 (Spouses Nemesio and Geronima Paclauna,


Spouses Rodolfo and Leonila Garcia, Spouses Marlon and Nina
Visagas, Spouses Rodulfo and Alicia Publico, Julia Bongcaras, and
Genodrita Tabaloc v. Spouses Galileo Lozada and Concepcion
Villaflor). - After a judicious review of the records, the Court resolves to
DENY the instant petition and AFFIRM the February 12, 2014 Decision 1
and August 28, 2014 Resolution2 of the Court of Appeals (CA) in CA-G.R.
SP No. 02844 for failure of Spouses Nemesio and Geronirila Paclauna,
Spouses Rodolfo and Leonila Garcia, Spouses Marlon and Nina Visagas,
Spouses Rodulfo and Alicia Publico, Julia Bongcaras, and Genodrita
Tabaloc (petitioners) to show that the CA committed any reversible error in
upholding their ejectment from Lot No. 2846-G.

As correctly ruled by the CA, Spouses Galileo Lozada and


Concepcion Villaflor (respondents-spouses), through the documents
entitled Heirship and Sale executed by one Galicano L. Sibala and a Deed
of Extrajudicial Settlement and Confirmation of Sale executed by the heirs
of Pilar Lozada, have proven their possessory right over the said lot. It is
well-settled that factual findings of the Regional Trial Court, when
affirmed by the CA, are entitled to great weight by the court and are
deemed final and conclusive when supported by the evidence on
record. 3 Absent any exceptions to this rule - such as when it is established

Rollo, pp. 39-48A. Penned by Associate Justice Ramon Paul L. Hernando with Associate
Justices Carmelita Salandanan-Manahan and Ma. Luisa C. Quijano-Padilla, concurring.
Id. at 49-50. Penned by Associate Justice Ramon Paul L. Hernando with Associate Justices
Ma.Luisa C. Quijano-Padilla and Renato C. Francisco, concurring.
R.odolfo Guevarra and Joey Guevarra v. People of the Philippines, G.R. No. 170462, February 5,
2014, citations omitted.

- over- two (2) pages ......

197

RESOLUTION

G.R. No. 214545


November 10, 2014

that the trial court ignored, overlooked, misconstrued, or misinterpreted


cogent facts and circumstances that, if considered, would change the
outcome of the case4 - such findings must stand, as in this case.
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41

CA was also correct in ruling that petitioners cannot


: '.;: ; 1'ifilipJgrtf3fhe,: ~lidity of the title of respondents-spouses and their
\\~ , :~~:.~-prm~ifiterest over Lot No. 2846-G described in Transfer
- - - Certificate-of"3Iale No. 18941, since it is tantamount to a collateral attack
.. - . o~ sL~~Y{titTe:which is not allowed.:;

SO ORDERED." SERENO, C.J., on. official travel; DEL


CASTILLO, J., acting member per S.O. No. 1862 dated November 4,
2014. BERSAMIN, J., on official travel; VELASCO, JR., J., acting
member per S.O. No. 1870 dated November 4, 2014.

Very truly yours,

R 0. ARICHETA
Division Clerk of Co6~J

Atty. Gloria G. Futalan


Counsel for Petitioners
Rm. I 04, Ground Floor, CBA Bldg.
Silliman University
6200 Dumaguete City
The Hon. Presiding Judge
Municipal Trial Court in
Cities
Tanjay City 6204
(Civil Case No. 837)
Judgment Division (x)
Supreme Comi

97

Court of Appeals
6000 Cebu City
(CA-G.R. SP No. 02844)
Atty. Nilo Ruperto
Counsel for Respondents
Rm. 413, Portal West Bldg.
Cor. Silliman and Hibbard Avenues
6200 Dumaguete City
The Hon. Presiding Judge
Regional Trial Court, Br. 43
Tanjay City 6204 Negros Oriental
Stationed at Dumaguete City
(Civil Case No. 837)
Public Information Office (x)
Library Services (x)
Supreme Court
(For uploading pursuant to A.M.
No. 12-1-7-SC)

SR

People v. Anod, 613 Phil. 565, 572 (2009).


See Esmaque/ v. Coprada, G.R. No. 152423, December 15, 20 I 0, 638 SCRA 428.

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