FIRST DIVISION
[G.R. No. 238377. June 20, 2018.]
ELVIN ROY CHAN AND SHIRLEY CHAN, petitioners, vs. ABELARDO T. DOMONDON, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 20, 2018which reads as follows:
"G.R. No. 238377 — Elvin Roy Chan and Shirley Chan, Petitioners, v. Abelardo T. Domondon, Respondent.
Considering the allegations, arguments, and issues raised in the instant Petition for Review on Certiorari, the Court resolves to DENY the same for lack of verified statement as to the date of filing of Motion for Reconsideration on the assailed Decision; 1 and, failure to show that the Court of Appeals (CA) in CA-G.R. CV No. 107802 committed any reversible error in affirming the ruling of the Regional Trial Court (RTC) of Quezon City, Branch 100 in Civil Case Q-13-72979.
The issue of whether respondent was entitled to his lawyer's fees pursuant to the Retainer Agreement relates to factual matters which are not within the ambit of this Petition. The Court is not a trier of facts and only questions of law may be raised in a petition for review on certiorari. While there are exceptions to this rule, none finds application here. Moreover, considering that the findings of fact of the RTC were affirmed on appeal by the CA, there is no cogent reason to disturb them as they are final and conclusive upon the Court. 2 HTcADC
We likewise stress that '[c]ontractual obligations have the force of law between the parties and should be complied with in good faith. The Courts will not rescue a litigant from his bad bargains, protect him from unwise investments, relieve him from disadvantageous contracts, or annul the effects of his foolish acts unless there has been a violation of law.' 3 In this case, there being no showing that the law was violated in any manner, the Retainer Agreement between the parties must be respected and be credited its full force and effect.
ACCORDINGLY, the Court resolves to AFFIRM the assailed September 18, 2017 Decision and February 22, 2018 Resolution of the Court of Appeals in CA-G.R. CV No. 107802.
SO ORDERED."(Leonardo-de Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Gesmundo, J., designated as Acting Member per Special Order No. 2560 dated May 11, 2018). CAIHTE
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1. See Section 4, in relation to Section 5, Rule 45 of the Rules of Court.
2. See Clemente v. Court of Appeals, 771 Phil. 113, 120-121 (2015).
3.Campos v. Bank of the Philippine Islands, 785 Phil. 853, 866 (2016).