SECOND DIVISION
[G.R. No. 241735. October 8, 2018.]
FAUSTINA S. ESPIRITU AND IMELDA FONTANILLA, petitioners, vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 08 October 2018 which reads as follows:
"G.R. No. 241735 (Faustina S. Espiritu and Imelda Fontanilla v. People of the Philippines)
After a judicious study of the case, the Court resolves to DISMISS the instant petition 1 outright for being filed out of time.
Based on Section 2, 2 Rule 45 of the Rules of Court, petitioners Faustina S. Espiritu and Imelda Fontanilla (petitioners) had fifteen (15) days from receipt of the August 5, 2016 Resolution 3 of the Court of Appeals (CA) denying their motion for reconsideration to file a petition for review on certiorari before the Court. Records show that petitioners received the August 5, 2016 Resolution of the CA on August 17, 2016, and thus, had fifteen (15) days therefrom, or until September 1, 2016, to file the instant petition. 4 Instead, they filed a second Notice of Appeal 5 on November 25, 2016, 6 and subsequently, a Motion for Reconsideration and Extension to File Petition for Review 7 on January 30, 2017 before this Court. 8 Significantly, they only filed the instant petition before this Court on September 19, 2018, 9 which was already more than two (2) years beyond the reglementary period. Accordingly, the March 16, 2016 Decision 10 of the CA had already become final and executory and was recorded in the Book of Entries of Judgments on September 1, 2016. 11 Having acquired finality, the said Decision had become immutable and unalterable and may no longer be modified to correct conclusions of fact and law. 12
SO ORDERED." (REYES, JR., J., designated as Additional Member per Special Order No. 2587 dated August 28, 2018; on official leave.) DHITCc
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 3-11.
2. Section 2, Rule 45 of the Rules of Court provides:
Section 2. Time for filing; extension. — The petition shall be filed within fifteen (15) days from notice of the judgment or final order or resolution appealed from, or of the denial of the petitioner's motion for new trial or reconsideration filed in due time after notice of the judgment. x x x
3. Not attached to the rollo.
4. See rollo, pp. 42-43.
5. Not attached to the rollo.
6. See rollo, p. 39.
7. Not attached to the rollo.
8. See rollo, p. 41.
9. See id. at 3. The petition was posted on August 30, 2018.
10.Id. at 26-38. Penned by Associate Justice Florito S. Macalino with Associate Justices Mariflor P. Punzalan Castillo and Zenaida T. Galapate-Laguilles, concurring.
11. See id. at 44. See also Entry of Judgment issued on September 1, 2016 by Division Clerk of Court Yola Dee G. De La Cruz Martirez; id. at 45.
12. See People v. Alapan, G.R. No. 199527, January 10, 2018.