FIRST DIVISION
[G.R. No. 234246. February 7, 2018.]
LOURDES S. CATAQUIZ, NATIONAL HOUSING AUTHORITY, ET AL., petitioners,vs. BRGY. UPPER ESTRELLA BALIKATAN HOMEOWNERS ASSOCIATION, INC., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedFebruary 7, 2018which reads as follows: HTcADC
"G.R. No. 234246 (Lourdes S. Cataquiz, National Housing Authority, et al. v. Brgy. Upper Estrella Balikatan Homeowners Association, Inc.). — 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.
There being no reversible error in the Decision of the Court of Appeals (CA) dated April 4, 2017 in CA-G.R. CV No. 106163, the petition is DENIED. The Decision of the CA affirming the Decision of the Regional Trial Court, Branch 31, San Pedro City, Laguna annulling the Transfer Certificates of Title of the Spouses Capacete and Cataquiz, is AFFIRMED.
Both the lower courts correctly ruled that the transfer and alienation of the lots to the Spouses Capacete violated Presidential Decree No. 1474 since they were not bonafide occupants and possessors of the lots, being residents of Balibago Santa Rosa, Laguna. Consequently, the transfer made to Cataquiz is also null and void. The CA likewise correctly deleted the award of the lots to the members of Brgy. Upper Estrella Balikatan Homeowners Association, Inc., absent an application by these members with the National Housing Authority who is vested with jurisdiction to determine the recipients and qualified beneficiaries of lots in the public domain. 1
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court
Footnotes
1. See Presidential Decree No. 757, July 31, 1975.