SECOND DIVISION
[G.R. No. 212980. July 13, 2016.]
BUENAVISTA PROPERTIES, INC., AND/OR JOSEPHINE CONDE, PRESIDENT, petitioners, vs. RAMON G. MARIÑO, REPRESENTED BY ATTY. OSWALDO F. GABAT AS ATTORNEY-IN-FACT AND COUNSEL VICE ATTY. AMADO DELORIA, FORMER ATTORNEY-IN-FACT AND COUNSEL, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 13 July 2016 which reads as follows:
"G.R. No. 212980 (Buenavista Properties, Inc., and/or Josephine Conde, President v. Ramon G. Mariño, represented by Atty. Oswaldo F. Gabat as Attorney-in-Fact and counsel vice Atty. Amado Deloria, former Attorney-in-Fact and counsel). — In its decision dated June 5, 2006, the Housing and Land Use Regulatory Board (HLURB)-Legal Services Group ordered petitioners Buenavista Properties, Inc. (BPI) and/or Josephine Conde to: (1) deliver the title, covering the purchased subdivision lot, to Mariño under the latter's name free from all liens and encumbrances within thirty days from finality; and (2) pay the amount of P20,000.00 as exemplary damages, P30,000.00 as attorney's fees, and P20,000.00 as cost of suit.
On September 17, 2007, the HLURB Commissioners affirmed the findings of facts and conclusions of law in the decision of the HLURB-Legal Services Group. This decision was appealed to the Office of the President (OP) which resolved the appeal on September 30, 2008.
Brought to the Court of Appeals (CA), the appellate court affirmed the September 30, 2008 OP decision on September 30, 2013.
On August 6, 2014, BPI filed before this Court the present Rule 45 petition for review on certiorari.
The Court denied BPI's petition in its September 17, 2014 Resolution for "failure to sufficiently show any reversible error in the assailed judgment to warrant the exercise of this Court's discretionary appellate jurisdiction, and for raising substantially factual issues."
On November 10, 2014, the petitioners sought reconsideration of the Court's September 17, 2014 Resolution.
On November 25, 2014, Mr. Delfin V. Cruz wrote Associate Justices Arturo D. Brion and Mariano C. Del Castillo identical letters bringing to the Justices' attention the present case which he believed was "railroaded and continue to be railroaded by prosecutors, judges, and justices because of money and influence."
In our Resolution of March 23, 2015, we required respondent Mariño to comment on the petitioners' motion for reconsideration. In this same Resolution, the Court also noted the November 25, 2014 letter of Delfin V. Cruz.
On April 4, 2016, the Court resolve to deny the petitioners' motion for reconsideration with finality as "no substantial argument" was "adduced to warrant the reconsideration sought."
On June 1, 2016, the petitioners filed a Motion for Reconsideration with Leave of Court of its April 4, 2016; they prayed that the Court "take a second look at the many valid arguments and the overwhelming evidences presented which prove that the [CA] twisted the facts and acted with grave abuse of discretion equivalent to a capricious and whimsical exercise of judgment resulting in a . . . warped and one-sided decision."
On June 21, 2016, Mr. Delfin sent a second letter to Justice Brion effectively threatening to "resort to extra-judicial means such as telling Mr. Efren S. Cruz . . . that his column of October 30, 2014 about [J. Brion] is one big mistake, or spreading the news of this injustice on social media, or picketing your office with the press in tow to accuse you and have the society judge the unfairness of your actions" because he cannot "accept an unjust decision that is clearly not in accord with documentary evidence, law, and jurisprudence" and that he is "shocked by [the] resolution dismissing [the] petition."
In light of these developments, the Court resolves to: cSEDTC
1. DEFER ACTION on the petitioners' Motion for Reconsideration with Leave of Court dated June 1, 2016;
2. DEFER ACTION on Delfin Cruz's letters of June 21, 2016 and November 25, 2014 (the latter having been simply previously noted);
3. REQUIRE Delfin V. Cruz to: (a) define his exact relationship with Buenavista Properties, Inc.; and (b) state if he had been authorized by Buenavista Properties and/or its counsel to write his letters dated November 25, 2014 and June 21, 2016, respectively, both within 10 days from receipt of this Resolution; and
4. REQUIRE Buenavista Properties, Inc. and its counsel of record to state if they are aware of the letters of Delfin V. Cruz; to confirm the exact relationship of Delfin V. Cruz with Buenavista Properties, Inc., and if they authorized Delfin V. Cruz to write the abovementioned letters, all within 10 days from receipt of this Resolution.
SO ORDERED."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
* Mendoza, J., on official leave.