ADVERTISEMENT
FIRST DIVISION
[G.R. No. 236139. June 6, 2018.]
DENNIS Z. CUSTODIO, petitioner, vs. MAFEL V. CUSTODIO, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 6, 2018which reads as follows:
"G.R. No. 236139 (Dennis Z. Custodio v. Mafel V. Custodio). — 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. TCAScE
After review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals committed any reversible error in its assailed Decision, which affirmed the twin presumptions of regularity in the performance of official duty of solemnization of the marriage between the parties, and the concomitant presumption of the validity of their marriage as celebrated. This Court is not a trier of facts, and it is not our function to review factual issues and reexamine the probative value of the evidence presented by the parties. Nevertheless, we reiterate that this Court has consistently affirmed that the presumption of regularity of official acts prevails unless overcome by no less than clear and convincing evidence to the contrary. 1 Comparably, the presumption is also always for the validity of the marriage, and every intendment of the law or fact must lean toward the affirmation of the marriage bonds. This presumption is guarded with great vigilance, and is not lightly repelled except in the face of greater affirmative contradictory proof. 2
WHEREFORE, premises considered, the petition is DENIED. The assailed Decision dated May 26, 2017 and Resolution dated November 28, 2017 of the Court of Appeals in CA-G.R. CV No. 105877 are hereby AFFIRMED.
The entry of appearance of Atty. Jofrey I. Botor of Botor-Botor Law Office as counsel for petitioner with request that copies of all papers and processes be furnished at 212 Romero Building, Peñafrancia Ave., Naga City is NOTED.
SO ORDERED." Leonardo-De Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Tijam, J., on official leave; Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018. ASEcHI
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1. See Alcantara v. Alcantara, G.R. No. 167746, August 28, 2007, 531 SCRA 446, 456, and Sec. 3 (m), Rule 131 of the Rules of Court.
2. See Macua Vda. de Avenido v. Avenido, G.R. No. 173540, January 22, 2014, 714 SCRA 447.