FIRST DIVISION
[G.R. No. 241372. October 3, 2018.]
ACELA ASUBE, petitioner,vs. ARMANDO LENDING INVESTORS, INC. AND SPOUSES RODRIGO ZAFRA AND BERNADITA TIONGSON, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated October 3, 2018 which reads as follows:
"G.R. No. 241372 (Acela Asube v. Armando Lending Investors, Inc. and Spouses Rodrigo Zafra and Bernadita Tiongson). — The petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period. AcICHD
After review, the Court resolves to DENY the petition for being filed out of time. In any event, petitioner failed to sufficiently show that the Court of Appeals (CA) committed any reversible error in dismissing the petition for certiorari.
As correctly ruled by the CA, petitioner failed to prove the grounds for annulment of judgment under Section 2, Rule 47 of the Rules of Court, i.e., extrinsic fraud or lack of jurisdiction. As found by the CA, petitioner failed to allege commission of fraud or deception employed by Armando Lending Investors, Inc. to deprive petitioner of the opportunity to present her case to the Municipal Trial Court in Cities (MTCC). The CA also correctly ruled that the MTCC has jurisdiction over ejectment cases. 1
WHEREFORE, the petition is DENIED. The Decision dated June 29, 2017 and Resolution dated June 27, 2018 of the Court of Appeals in CA-G.R. CV No. 04081-MIN are AFFIRMED.
The Honorable Judge Arlene L. Palabrica and Sheriff Eliseo E. Marcon, Jr. are hereby DELETED as party respondents in this case pursuant to Sec. 4, Rule 45, 1997 RCP, as amended.
SO ORDERED." Bersamin, J., on official travel.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. Batas Pambansa Bilang 129, Sec. 33 as amended by R.A. No. 7691.