FIRST DIVISION
[G.R. No. 236599. April 23, 2018.]
AKLIMA BANSUAN CALDONA, petitioner,vs. ORIX METRO LEASING & FINANCE CORPORATION, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedApril 23, 2018which reads as follows:
"G.R. No. 236599 — Aklima Bansuan Caldona, Petitioner, v. Orix Metro Leasing & Finance Corporation, Respondent. AaCTcI
Acting on petitioner's Motion for Extension of Time to File Petition for Review on Certiorari, the Court resolves to GRANT her a period of thirty (30) days from the expiration of the reglementary period on February 2, 2018 within which to file said petition.
Considering the allegations, arguments, and issues raised in the instant Petition for Review on Certiorari, the Court further resolves to DENY the same for failure to show that the Court of Appeals (CA) in CA-G.R. CV No. 107989 committed any reversible error in affirming the ruling of the Regional Trial Court of Makati, Branch 145 (RTC) in Civil Case No. 11-807.
The issues of whether the CA correctly ruled (a) that the parties entered into a loan contract, not a sale agreement, and (b) that there was no unjust enrichment (in favor of Orix) delve on factual matters which are beyond the scope of this Petition. The Court is not a trier of facts and only questions of law may be raised in a petition for review on certiorari. While there are recognized exceptions to this rule, none finds application here. Moreover, considering that the findings of fact of the RTC were affirmed on appeal by the CA, there is no cogent reason to disturb them as they are final and conclusive upon the Court. 1
ACCORDINGLY, the Court resolves to AFFIRM the assailed August 11, 2017 Decision and January 11, 2018 Resolution of the Court of Appeals in CA-G.R. CV No. 107989.
SO ORDERED." Sereno, C.J., on leave; De Castro, J., designated as Acting Chairperson per Special Order No. 2540 dated February 28, 2018. acEHCD
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court
Footnotes
1. See Clemente v. Court of Appeals, 711 Phil. 113, 121 (2015).