FIRST DIVISION
[G.R. No. 239822. August 1, 2018.]
ASCENCIA HOTEL AND MANAGEMENT SERVICES, INC., 1petitioner, vs. YOUNG MEN'S CHRISTIAN ASSOCIATION OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 1, 2018which reads as follows:
"G.R. No. 239822 — Ascencia Hotel and Management Services, Inc., Petitioner, v. Young Men's Christian Association of the Philippines, Respondent.
Acting on petitioner's Motion for Extension of Time to File Petition for Review on Certiorari, the Court resolves to GRANT petitioner thirty (30) days from the expiration of the reglementary period on June 21, 2018 within which to file its 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 failing to show that the Court of Appeals (CA) in CA-G.R. SP No. 150387 committed any reversible error in reinstating and affirming the Decision of the Metropolitan Trial Court of Manila, Branch 25, which ordered petitioner to vacate the subject property, surrender its possession to respondent, and pay the costs of the suit. ASEcHI
Let it be underscored that this suit involved a case for ejectment arising from the failure of petitioner to pay rental in arrears, as well as the security deposit under the lease contract, and to vacate the subject property. As properly determined by the CA, petitioner's possession of the subject property was initially lawful as it had been paying rent for its use. However, such possession became unlawful when petitioner began to fail and refuse to pay rent and the security deposit under their lease agreement despite demands made by respondent for it to do so. For failing to heed the demand to pay, and later, to vacate, respondent properly filed an ejectment suit within one year from the last demand it made upon petitioner. 2
ACCORDINGLY, the Court resolves to AFFIRM the assailed November 27, 2017 Decision and May 24, 2018 Resolution of the Court of Appeals in CA-G.R. SP No. 150387.
SO ORDERED." Leonardo-de Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018. cTDaEH
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1. Ascensia Hotel Management and Services, Inc. in some parts of the records.
2.Zaragoza v. Iloilo Santos Truckers, Inc., G.R. No. 224022, June 28, 2017.