FIRST DIVISION
[G.R. No. 242838. January 7, 2019.]
RIZZA AUXTERO, LORETA DAAO, TERESITA GEROMO, ET AL., petitioners,vs. KHARYL M. SIMOLDE, SUBSTITUTED PLAINTIFF FOR ALETHA SUICO-MAGAT IN CIVIL CASE NO. R-57364 BEFORE MTCC-BRANCH 6, CEBU CITY, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated January 7, 2019 which reads as follows:
"G.R. No. 242838 (Rizza Auxtero, Loreta Daao, Teresita Geromo, et al. v. Kharyl M. Simolde, substituted plaintiff for Aletha Suico-Magat in Civil Case No. R-57364 before MTCC-Branch 6, Cebu City). — The motion for extension to file petition for review dated October 29, 2018 is GRANTED. Nonetheless, after review, we resolve to DENY the petition and AFFIRM the Orders of the Regional Trial Court (RTC), Branch 23, Cebu City dated July 25, 2018 and October 11, 2018.
Contrary to the claim of petitioners, the issues they raise before the Court are not pure questions of law. The issues can better be simplified into "whether the court has acquired jurisdiction over petitioners." As found by the trial court, petitioners have actively participated before the lower court, as well as in the RTC, Branch 12, Cebu City.
The RTC, Branch 23 also observed that the RTC, Branch 12 had already resolved the appeal of petitioners, where the issues raised and ruled upon were similar to those raised before the RTC, Branch 23. More importantly, settled is the rule that a court cannot prevent the implementation of a decision of another court of co-equal jurisdiction.
WHEREFORE, the petition is DENIED. The Order dated July 25, 2018 and October 11, 2018 of the RTC, Branch 23, Cebu City in Civil Case No. R-CEB-18-00189 is AFFIRMED.
The Honorable Generosa G. Labra, in her capacity as Presiding Judge of Regional Trial Court, Branch 23, Cebu City, Honorable Virginia Vivencita Lim Monteclar, in her capacity as Acting Presiding Judge of Municipal Trial Court in Cities, Branch 6, Cebu City, and Edilberto P. Suarin, Sheriff III, Municipal Trial Court in Cities, Branch 6, Cebu City, are DELETED as party respondents in this case pursuant to Sec. 4, Rule 45, 1997 Rules of Civil Procedure, as amended.
SO ORDERED." Bersamin, C.J., on official business; Del Castillo, J., designated as Acting Chairperson per Special Order No. 2632 dated December 28, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court