FIRST DIVISION
[G.R. No. 218605. August 24, 2015.]
ADELA GENETIANO CABANGON, petitioner, vs. LEONARDA DABON BALDEMOR, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 24, 2015 which reads as follows:
"G.R. No. 218605 (Adela Genetiano Cabangon v. Leonarda Dabon Baldemor). — 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 a judicious review of the records, the Court resolves to DENY the instant petition and AFFIRM the November 13, 2014 Decision 1 and May 20, 2015 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 132901 for failure of petitioner Adela Genetiano Cabangon to show any reversible error committed by the CA in upholding the tenancy status of respondent Leonarda Dabon Baldemor (respondent).
As correctly ruled by the CA, respondent was able to establish by substantial evidence all the essential requisites of a tenancy relationship. Besides, the question of whether there was an implied tenancy and sharing are basically questions of fact which are beyond the scope of a petition for review on certiorari under Rule 45 of the Rules of Court (Rules), 3 absent any of the recognized exceptions, 4 which does not obtain in this case. DACcIH
Moreover, the petition suffers from the following procedural defects: (a) unaccompanied by a clearly legible duplicate original or a certified true copy of the May 20, 2015 Resolution of the CA, certified true copies of such material portions of the record as are referred to therein and other documents relevant and pertinent thereto, as required by Sections 4 (d) and 5, Rule 45, in relation to Section 5 (d), Rule 56 of the Rules; and (b) unaccompanied by a compact disc and a verified declaration required under A.M. Nos. 10-3-7-SC (Re: Proposed Rules on E-filing) and 11-9-4-SC (Re: Efficient Use of Paper Rule) in relation to Section 5 (e), Rule 56 of the Rules.
SO ORDERED."
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. Rollo, pp. 34-46. Penned by Associate Justice Amy C. Lazaro-Javier with Associate Justices Mariflor P. Punzalan-Castillo and Leoncia Real-Dimagiba concurring.
2. Id. at 48.
3. Estate of Pastor M. Samson v. Spouses Susano, 664 Phil. 590, 611 (2011); citations omitted.
4. Carbonell v. Carbonell-Mendes, G.R. No. 205681, July 1, 2015, citing Republic v. Belmonte, G.R. No. 197028, October 9, 2013, 707 SCRA 330, 336.