SECOND DIVISION
[G.R. No. 251716. September 2, 2020.]
JONATHAN R. AMOROSO, THE HEIRS OF ISIDRO AMOROSO AND THE REGISTER OF DEEDS OF QUEZON CITY, petitioners,vs. CECILIA PESTANO * A.K.A. "CECILIA SERRANO", respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated02 September 2020which reads as follows:
"G.R. No. 251716 (Jonathan R. Amoroso, the Heirs of Isidro Amoroso and the Register of Deeds of Quezon City v. Cecilia Pestano1 and AFFIRM the Decision 2 dated June 28, 2019 and Resolution 3 dated January 27, 2020 of the Court of Appeals (CA) in CA-G.R. SP No. 157640 for failure of petitioners to show that the CA committed any reversible error in declaring that an easement of right of way exists in favor of respondent.
As found by the courts a quo: (a) an easement of right of way was granted in favor of respondent for entry into and exit from her property that is Lot No. 574-B-2-A-3; (b) the easement was described in respondent's TCT No. 80209 4 to be all over, across, and through Lot No. 574-B-2-A-4 covered by TCT No. 80073 which was originally owned by Paz Cabigting (Cabigting); (c) the contractual easement was constituted through a Right of Way Agreement 5 between respondent and Cabigting; and (d) this agreement was executed contemporaneously with the Deed of Absolute Sale 6 over Lot No. 574-B-2-A-3 in favor of respondent. The courts a quo likewise found unsubstantiated petitioners' claim that their predecessor-in-interest was unaware of the easement and he acquired the property in good faith.
The RTC and the CA have declared the existence of an easement of right of way. This finding of fact of both courts below is conclusive on the Court. 7 The Court finds no compelling reason to further review, but only to re-affirm the finding.
SO ORDERED." (BALTAZAR-PADILLA, J., on leave.)
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
* Pestaño in some parts of the rollo.
1.Rollo, pp. 45-79.
2.Id. at 14-25; penned by Associate Justice Gabriel T. Robeniol, with Associate Justices Ramon R. Garcia and Eduardo B. Peralta, Jr., concurring.
3.Id. at 38-39; penned by Associate Justice Gabriel T. Robeniol, with Associate Justices Ramon R. Garcia and Eduardo B. Peralta, Jr., concurring.
4.Id. at 92.
5.Id. at 91.
6.Id. at 89-90.
7.Villanueva v. Hon. Velasco, 399 Phil. 664, 672 (2000).