ADVERTISEMENT
SECOND DIVISION
[G.R. No. 232560. September 3, 2018.]
EAST ASIA INTEGRATED LIVESTOCK, INC., petitioner,vs. DEVELOPMENT BANK OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated03 September 2018which reads as follows: HTcADC
"G.R. No. 232560 (East Asia Integrated Livestock, Inc. v. Development Bank of the Philippines)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the April 3, 2017 Decision 2 and the June 20, 2017 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 147006.
As correctly ruled by the CA, respondent Development Bank of the Philippines (respondent) timely filed its petition for certiorari4 from the Regional Trial Court of Makati City, Branch 58's: (a) January 28, 2016 Omnibus Order; 5(b) February 3, 2016 Writ of Injunction; 6 and (c) February 3, 2016 and May 20, 2016 Orders, 7 as they were assailed well within the sixty (60)-day period provided under Section 4, 8 Rule 65 of the Rules of Court (Rules). 9 At any rate, the CA's April 3, 2017 Decision had already become final and executory, 10 and as such, 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. 11
Furthermore, the instant petition suffers from a procedural infirmity since there was non-compliance with the required proof of service of a copy of the petition to the CA as mandated under Sections 3 12 and 5, 13 Rule 45 of the Rules.
SO ORDERED." (J. REYES, JR., designated Additional Member per Special Order No. 2587 dated August 28, 2018)
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 3-18.
2.Id. at 22-36. Penned by Associate Justice Marlene Gonzales-Sison with Associate Justices Ramon A. Cruz and Henri Jean Paul B. Inting, concurring.
3.Id. at 38-40.
4. Not attached to the rollo.
5.Rollo, pp. 44-47. Signed by Presiding Judge Eugene C. Paras.
6. Not attached to the rollo.
7.Rollo, pp. 48 and 49-50, respectively.
8. Section 4, Rule 65 of the Rules provides:
Section 4. When and where to file the petition. — The petition shall be filed not later than sixty (60) days from notice of the judgment, order or resolution. In case a motion for reconsideration or new trial is timely filed, whether such motion is required or not, the petition shall be filed not later than sixty (60) days counted from the notice of the denial of the motion.
9. See rollo, pp. 28-30.
10. See Entry of Judgment dated July 22, 2017 issued by Division Clerk of Court Michael F. Real; id. at 69.
11.Mauleon v. Porter, 739 Phil. 203, 213 (2014), citing Ocampo v. Vda. De Fernandez, 552 Phil. 166, 167 (2007).
12. Section 3, Rule 45 of the Rules reads:
Section 3. Docket and other lawful fees; proof of service of petition. — Unless he has theretofore done so, the petitioner shall pay the corresponding docket and other lawful fees to the clerk of court of the Supreme Court and deposit the amount of P500.00 for costs at the time of the filing of the petition. Proof of service of a copy thereof on the lower court concerned and on the adverse party shall be submitted together with the petition.
13. Section 5, Rule 45 of the Rules provides:
Section 5. Dismissal or denial of petition. — The failure of the petitioner to comply with any of the foregoing requirements regarding the payment of the docket and other lawful fees, deposit for costs, proof of service of the petition, and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof.