FIRST DIVISION
[G.R. No. 215618. March 16, 2015.]
MA. ROSARIO DETALLA, petitioner, vs. AFP GENERAL INSURANCE CORPORATION, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated March 16, 2015 which reads as follows:
"G.R. No. 215618 (Ma. Rosario Detalla v. AFP General Insurance Corporation). — 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.
After a judicious review of the records, the Court resolves to DENY the instant petition and AFFIRM the April 22, 2014 Decision 1 and November 27, 2014 Resolution 2 of the Court of Appeals (CA) in CA-G.R. CV No. 90274 for failure of Ma. Rosario Detalla (petitioner) to show that the CA erred in finding that she was not denied due process.
As correctly held by the CA, petitioner failed to sufficiently establish that she was denied the opportunity to present her case in court as shown by her filing of a motion for extension within which to file her Answer to respondent AFP General Insurance Corporation's Complaint for Collection of Sum of Money. Jurisprudence teaches that a party cannot feign denial of due process if it has been afforded the opportunity to present its side. What the law prohibits is the absolute absence of the opportunity to be heard. 3
Moreover, petitioner failed to attach copies of the February 7, 2006 Decision and October 1, 2007 Order of the Regional Trial Court, material portions of the record as required under Section 4 (d), Rule 45 of the Rules of Court, in relation to Section 5 of the same Rules, warranting the petition's dismissal altogether.
SO ORDERED." SERENO, C.J., on official travel; BRION, J., designated acting member per S.O. No. 1947 dated March 12, 2015. CSIcHA
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. Rollo, pp. 23-35. Penned by Associate Justice Leoncia Real-Dimagiba with Associate Justices Amelita G. Tolentino and Ricardo R. Rosario, concurring.
2. Id. at 42-43. Penned by Associate Justice Leoncia Real-Dimagiba with Associate Justices Mariflor P. Punzalan Castillo and Ricardo R. Rosario, concurring.
3. Lapulapu Development and Housing Corporation v. Group Management Corporation, 437 Phil. 297, 314 (2002); citation omitted.