SECOND DIVISION
[G.R. No. 242738. November 11, 2019.]
RIZALDO BIGOY, ARCHIMEDES ASILO, CELESTE BAÑEZ, * ROSANNA REGIS, ALLAN COBACHA, ET AL., petitioners, vs.JAIME PAUL BUSTOS GAMBOA, MARCELINO BUSTOS GAMBOA, ANITA GAMBOA ENRIQUEZ, ADELA GAMBOA AGUILAR, ALICIA GAMBOA DUENAS, ET AL., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated11 November 2019which reads as follows:
"G.R. No. 242738 (Rizaldo Bigoy, Archimedes Asilo, Celeste Bañez, Rosanna Regis, Allan Cobacha, et al. v. Jaime Paul Bustos Gamboa, Marcelino Bustos Gamboa, Anita Gamboa Enriquez, Adela Gamboa Aguilar, Alicia Gamboa Duenas, et al.)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the May 9, 2018 Decision 2 and the October 2, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. CV No. 106180 for failure of petitioners Rizaldo Bigoy, Archimedes Asilo, Celeste Bañez, Rosanna Regis, Allan Cobacha, et al., (petitioner) to sufficiently show that the CA committed any reversible error in affirming the denial 4 of their Motion for Limited and Partial Intervention, 5 with a Complaint-in-Intervention. 6 AIDSTE
As correctly ruled by the CA, intervention is not a matter of absolute right and may be permitted only when the applicant satisfies the statutory requirements for intervention. 7 The denial of a motion for intervention is correctible only if shown to be arbitrary or capricious, 8 which petitioners failed to prove in this case. As correctly observed by the CA, petitioners' intervention will unduly delay the settlement of the estate proceedings of the late Adela Blanco Vda. de Bustos and Margarita Blanco Vda. de Moreta. Furthermore, their rights may be fully protected in a separate proceeding. 9 It is settled that a probate court's jurisdiction is limited in nature; thus, dispute as to property rights over properties included in the estate should be threshed out in an ordinary action before a court of general jurisdiction. 10 Consequently, the herein dismissal of petitioners' petition is without prejudice to the filing of the proper action before a court of general jurisdiction to enforce their alleged right of first refusal. SDAaTC
SO ORDERED. (INTING, J., on official leave. ZALAMEDA, J., designated as Additional Member per Special Order No. 2727 dated October 25, 2019.)"
Very truly yours,
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
* See rollo, p. 128. Also referred to as "Celeste Banez" in some parts of the rollo.
1.Id. at 17-42-A.
2.Id. at 47-60. Penned by Associate Justice Marie Christine Azcarraga-Jacob with Associate Justices Celia C. Librea-Leagogo and Samuel H. Gaerlan, concurring.
3.Id. at 63-68.
4. See RTC Order dated November 13, 2014, signed by Presiding Judge Tita Marilyn Payoyo-Villordon; id. at 195-197.
5.Id. at 123-124.
6.Id. at 130-134.
7. See id. at 55. See also Heirs of Arce, Sr. v. Department of Agrarian Reform, G.R. No. 228503, July 25, 2018.
8.Intestate Estate of Julian A. Wolfson v. Cruz, 151 Phil. 191, 210 (1973).
9. See rollo, pp. 57-58.
10. See Aranas v. Mercado, 724 Phil. 174, 185-186 (2014).