FIRST DIVISION
[G.R. No. 240738. October 8, 2018.]
GLYNDA C. CABRERA MARRIED TO RAMON E. CABRERA, petitioner,vs. ELMER CANILLO, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated October 8, 2018 which reads as follows:
"G.R. No. 240738 — Glynda C. Cabrera married to Ramon E. Cabrera, Petitioner, vs. Elmer Canillo, Respondent.
The Formal Entry of Appearance as Counsel for Petitioner with Motion for Leave to File and Admit Hereto Attached Motion for Extension of Time seeking an additional period of thirty (30) days from the expiration of the reglementary period on July 17, 2017 within which to file petitioner's Petition for Review on Certiorari is hereby NOTED and GRANTED.
Considering the allegations, issues, and arguments adduced in the instant Petition for Review on Certiorari, the Court resolves to DENY the same for failure to show that the Court of Appeals in CA-G.R. SP No. 07987 committed any reversible error. cSaATC
The Court agrees in toto with the judgment of the Court of Appeals in affirming the decision of the Department of Agrarian Reform Adjudication Board (DARAB) dismissing petitioner's petition for annulment of judgment. As correctly reasoned by the appellate court, the appropriate remedy to question the September 3, 2008 Decision of the OIC-Regional Agrarian Reform Adjudicator of DARAB Region VII was by way of an appeal before the Department of Agrarian Reform Adjudication Board, 1 considering that petitioner had assigned errors in the findings of fact and the conclusions of law of the adjudicator. Notably too, petitioner raised herein the issue of tenancy, which is generally a question of fact and, therefore, beyond the scope of a Rule 45 petition.
Having failed to avail of the remedy, of appeal before the DARAB, the judgment of the OIC-Regional Agrarian Reform Adjudicator has become final and executory. In the case at bench, the doctrine of finality of judgment must prevail.
ACCORDINGLY, the Court hereby resolves to AFFIRM the assailed January 20, 2017 Decision and June 21, 2018 Resolution of the Court of Appeals in CA-G.R. SP No. 07987.
SO ORDERED."Bersamin, J., on official travel.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. 2009 DARAB Rules of Procedure, Rule XIV:
SECTION 2. Grounds. — The aggrieved party may appeal to the Board from a final order, resolution or decision of the Adjudicator on any of the following grounds that:
a. Errors in the findings of fact or conclusions of law were committed which if not corrected, would cause grave and irreparable damage or injury to the appellant;
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