FIRST DIVISION
[G.R. No. 237285. June 6, 2018.]
ADOLFO BAPTISTA, JHENIFER ROLDAN BAPTISTA AND RHOLDAN ROLDAN BAPTISTA, petitioners, vs. HEIRS OF GABRIELA CABLAY BAPTISTA NAMELY: JULITA B. DYSON, ANITA B. WHISENANT AND EUFROSINA B. BERTULFO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 6, 2018which reads as follows:
"G.R. No. 237285 (Adolfo Baptista, Jhenifer Roldan Baptista and Rholdan Roldan Baptista v. Heirs of Gabriela Cablay Baptista namely: Julita B. Dyson, Anita B. Whisenant and Eufrosina B. Bertulfo). — The petitioners' 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.
After review of the records, the Court resolves to DENY this petition for review on certiorari for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error. HTcADC
The CA correctly ruled that the proscription against collateral attack on a certificate of title does not apply to a title issued pursuant to a void free patent that was issued by the Director of Lands without authority. Nevertheless, the complaint itself demonstrated that it sought to nullify the Original Certificate of Title (OCT) No. P-19241. Thus, contrary to petitioners' assertion, respondent directly attacked the validity of the OCT. Lastly, as to the issue of whether respondents were able to establish their claim by preponderance of evidence, the CA correctly ruled that the matters of credibility are best addressed to the trial judge who is in a better position than the appellate court to appreciate the weight and evidentiary value of the testimonies of the witnesses who have personally appeared before him. At any rate, the CA is convinced that respondents' evidence and the testimonies of their witnesses are more plausible and more attuned to human experience.
The Court finds no reason to disturb the findings of the CA. The Decisions of the Regional Trial Court and the CA must, therefore, be sustained.
WHEREFORE, the petition is DENIED. The assailed Decision dated May 31, 2017 and Resolution dated January 29, 2018 of the Court of Appeals in CA-G.R. CV No. 105431 are AFFIRMED. CAIHTE
SO ORDERED." Leonardo-de Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Tijam, J., on official leave; Gesmundo, J., designated as Acting Member per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court