FIRST DIVISION
[G.R. No. 236078. April 4, 2018.]
ATTY. CARLOS V. BAYLON, petitioner,vs. BELEN B. FRANCISCO, DR. RENATO R. BAYLON AND HEIRS OF DR. ALBERTO R. BAYLON, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedApril 4, 2018which reads as follows: AHCETa
"G.R. No. 236078 (Atty. Carlos V. Baylon v. Belen B. Francisco, Dr. Renato R. Baylon and Heirs of Dr. Alberto R. Baylon). — 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.
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.
As correctly ruled by the CA, the Decision dated July 24, 2014 in CA-G.R. SP No. 129617, which definitively declared that the property subject of Transfer Certificate of Title No. 77161 is to be divided pro-indiviso equally among the three principal heirs of Dr. Carlos R. Baylon, namely: Dr. Renato R. Baylon, Dr. Alberto R. Baylon and Belen Baylon-Francisco, is already final and cannot be amended nor reversed. The CA likewise noted that the agreement on the proper distribution of the property was duly contained in the stenographic notes of the parties' compromise agreement made in open court. The CA, therefore, judiciously concluded that petitioner Atty. Carlos V. Baylon, as a mere grandchild of Dr. Carlos R. Baylon, is only entitled to the same equal share as that of the other heirs of his deceased father, Dr. Alberto R. Baylon.
WHEREFORE, the petition is DENIED. The assailed Decision dated September 22, 2017 and Resolution dated December 11, 2017 of the Court of Appeals in CA-G.R. SP No. 149589 are AFFIRMED.
The Honorable Pedro R. Soriao, Presiding Judge of the Regional Trial Court, Branch 5 of Legazpi City, is DELETED as party respondent in this case pursuant to Sec. 4, Rule 45, 1997 Rules of Civil Procedure, as amended.
SO ORDERED." Sereno, C.J., on leave; De Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2540 dated February 28, 2018. ScHADI
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court