SECOND DIVISION
[G.R. No. 242579. January 7, 2019.]
ELENA DUQUE-BENIN, petitioner,vs. JENNY CO ATIENCIO, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 07 January 2019 which reads as follows:
"G.R. No. 242579 (Elena Duque-Benin v. Jenny Co Atiencio)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the March 19, 2018 Decision 2 and the September 12, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 149194 for failure of petitioner Elena Duque-Benin (petitioner) to sufficiently show that the CA committed any reversible error in affirming the September 17, 2016 4 and October 7, 2016 5 Orders of the Regional Trial Court of Valenzuela City, Branch 270 (RTC) in Civil Case No. 29-V-II on the ground that the October 29, 2014 Decision 6 of the CA (CA Decision) in CA G.R. CV No. 101878 had attained finality. 7
As correctly ruled by the CA, the CA Decision had become final and executory after petitioner failed to file a motion for reconsideration therefrom before the CA. 8 Settled is the rule that a judgment that has acquired finality becomes immutable and unalterable, and may no longer be modified in any respect, even if the modification is meant to correct erroneous conclusions of fact and law, and whether it be made by the court that rendered it or by the Highest Court of the land, 9 save for exceptional circumstances, 10 which do not obtain in this case. Moreover, the issues presented were already raised and passed upon by the lower courts.
SO ORDERED." (HERNANDO, J., designated Additional Member per Special Order Nos. 2629 and 2630 dated December 18, 2018.)
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 8-54.
2.Id. at 57-63. Penned by Associate Justice Ricardo R. Rosario with Associate Justices Eduardo B. Peralta, Jr. and Ronaldo Roberto B. Martin, concurring.
3.Id. at 76.
4.Id. at 220-221. Signed by Presiding Judge Evangeline M. Francisco.
5.Id. at 231-233.
6.Id. at 115-128. Penned by Associate Justice Hakim S. Abdulwahid with Associate Justices Romeo F. Barza (now CA Presiding Justice) and Ramon A. Cruz, concurring.
7. See Resolution dated February 25, 2015 issued by Division Clerk of Court Manuel G. Asuncion, Jr.; id. at 304.
8. See id. at 58-59.
9.Spouses Navarra v. Liongson, 784 Phil. 942, 953 (2016), citing FGU Insurance Corporation v. RTC of Makati, 659 Phil. 117, 123 (2011).
10.Gadrinab v. Salamanca, 736 Phil. 279, 292-293 (2014).