SECOND DIVISION
[G.R. No. 243462. March 11, 2019.]
CONSUELO R. FARIN, BELINDA R. FARIN, BENJAMIN R. FARIN, JR., AND SONIA R. TABLIZO, petitioners,vs. DANE D. CASTILLO AND THE CHILDREN OF DANE D. CASTILLO WITH HER DECEASED HUSBAND, CESAR CASTILLO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated11 March 2019which reads as follows:
"G.R. No. 243462 (Consuelo R. Farin, Belinda R. Farin, Benjamin R. Farin, Jr., and Sonia R. Tablizo v. Dane D. Castillo and the children of Dane D. Castillo with her deceased husband, Cesar Castillo)
After a judicious study of the case, the Court resolves to DISMISS the instant petition 1 for having been filed out of time. Records reveal that: (a) petitioners Consuelo R. Farin, Belinda R. Farin, Benjamin R. Farin, Jr., and Sonia R. Tablizo (petitioners) received a copy of the adverse Resolution 2 of the Court of Appeals (CA) on December 17, 2018; (b) thus, they had fifteen (15) days therefrom, or until January 1, 2019, within which to file a petition; (c) they sought for 3 and was granted a thirty (30)-day extension, or until January 31, 2019, within which to file a petition; 4 and (d) as admitted by petitioners themselves, they only filed the instant petition on February 5, 2019, or five (5) days after the expiration of the extended reglementary period 5
In any event, the CA correctly ruled that respondents Spouses Dane D. Castillo and Cesar Castillo acquired a total interest of 1,000 square meters (sq.m.) of the subject land, having validly purchased: (a) a 900 sq.m. interest thereon from Benjamin A. Farin, Sr. (Benjamin, Sr.); and (b) another 100 sq.m. interest from petitioners. As co-owners of the subject land, Benjamin, Sr. (as the surviving spouse) and petitioners (as legitimate children) may validly sell their undivided interests over the subject land. 6
SO ORDERED."
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 9-32.
2. Dated November 28, 2018, penned by Associate Justice Zenaida T. Galapate-Laguilles with Associate Justices Remedios A. Salazar-Fernando and Jane Aurora C. Lantion, concurring; id. at 49-50.
3. See Motion for Extension of Time to File Petition for Review on Certiorari dated December 28, 2018; id. at 3-4.
4. See Court's Resolution dated January 16, 2019; id. at 6-7.
5. See id. at 10-11.
6. See Uy v. Estate of Fernandez, G.R. No. 200612, April 5, 2017, 822 SCRA 382, 398; Domingo v. Molina, 785 Phil. 506, 517 (2016). See also rollo, pp. 45-47.