SECOND DIVISION
[G.R. No. 210325. February 17, 2014.]
DEPARTMENT OF HEALTH, petitioner, vs. HONORABLE MEDEL ARNALDO B. BELEN, IN HIS CAPACITY AS PRESIDING JUDGE OF BRANCH 36, REGIONAL TRIAL COURT, 4TH JUDICIAL REGION, CALAMBA CITY, LAGUNA, AND ARMANDO DEL VALLE, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 17 February 2014 which reads as follows:
G.R. No. 210325 (Department of Health v. Honorable Medel Arnaldo B. Belen, in his capacity as Presiding Judge of Branch 36, Regional Trial Court, 4th Judicial Region, Calamba City, Laguna, and Armando Del Valle).
After a judicious review of the records, the Court resolves to DENY the instant petition and AFFIRM the December 5, 2012 Decision 1 and December 3, 2013 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP Nos. 107990 and 108042 for failure of the Department of Health (petitioner) to show that the CA committed any reversible error in upholding the ejectment complaint of Armando del Valle (private respondent).
Petitioner's claim that as donee of the subject property under the deed of donation executed by the original owner Adriano Leus, it is an indispensable party in the unlawful detainer suit and therefore, should have been impleaded in this case, cannot be given credence. It is settled that in an unlawful detainer case, the only issue is possession and not ownership. Moreover, the purported deed of donation was not marked and formally offered in evidence before the court a quo. aHATDI
In this case, both the lower courts, as affirmed by the CA found private respondent to have a better right of possession on the basis of his certificate of title over the subject property. Settled is the rule that factual findings of the trial court when affirmed by the CA are conclusive absent any showing that such findings are entirely devoid of any substantiation on record. 3 (Brion, J., on leave; Leonen, J., designated as Acting Member per Special Order No. 1636.)
SO ORDERED.
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1. Rollo, pp. 38-50. Penned by Associate Justice Agnes Reyes-Carpio, with Associate Justices Rosalinda Asuncion-Vicente and Priscilla J. Baltazar-Padilla, concurring.
2. Id. at 51-56. Penned by Associate Justice Agnes Reyes-Carpio, with Associate Justices Priscilla J. Baltazar-Padilla and Edwin D. Sorongon, concurring.
3. Lim v. People, G.R. No. 143231, October 26, 2001, 368 SCRA 436, 441. (Citations omitted)