FIRST DIVISION
[G.R. No. 237547. June 18, 2018.]
CONCEPCION ESTILLER VDA. DE FULGUERAS, petitioner, vs. LOURDES EMBILE-TAUSA, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 18, 2018which reads as follows:
"G.R. No. 237547 — Concepcion Estiller Vda. De Fulgueras vs. Lourdes Embile-Tausa
The Motion for Extension of Time filed by the petitioner seeking an additional period of 30 days from the expiration of the reglementary period on March 9, 2018, within which to file her Petition for Review on Certiorari, is hereby 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. CV No. 107014 committed any reversible error.
Under a Rule 45 Petition, only questions of law may be raised. We accord finality to the factual findings of the trial courts, especially when the Court of Appeals affirmed such findings. In the case at bench, the Court of Appeals had exhaustively and cogently discussed its reasons for affirming the trial court's finding of forgery which successfully destroyed the presumption of genuineness and due execution of a notarized document. ATICcS
We also find no reason to reverse the award of attorney's fees in favor of respondent as a form of indemnity. The latter was compelled to incur expenses to protect her interest 1 when she learned that she stood to lose her property because of the forged 1997 Deed of Absolute Sale of Real Property.
ACCORDINGLY, the Court hereby resolves to AFFIRM the assailed September 15, 2017 Decision and February 9, 2018 Resolution of the Court of Appeals in CA-G.R. CV No. 107014. ETHIDa
SO ORDERED."(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).
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court
Footnotes
1. Civil Code, Article 2208. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be recovered, except:
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(2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest;
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