SECOND DIVISION
[G.R. No. 249559. January 27, 2020.]
FILINVEST LAND, INC., petitioner,vs. LUISITO THOMAS M. CARLOS, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated27 January 2020which reads as follows:
"G.R. No. 249559 (Filinvest Land, Inc. v. Luisito Thomas M. Carlos). — After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the June 28, 2019 Decision 2 and the September 20, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 158710 for failure of petitioner Filinvest Land, Inc. (petitioner) to sufficiently show that the CA committed any reversible error in upholding the denial 4 of its Opposition 5 to respondent Luisito Thomas M. Carlos's (respondent) petition for, inter alia, reconstitution of Transfer Certificate of Title (TCT) No. 303840, involving a 529 square-meter property, i.e., Lot 107-B, Block No. PSD-13-000035, located at Bagong Silangan, Quezon City. HTcADC
As correctly ruled by the CA, petitioner's Opposition failed to advance adequate and proper grounds to deflect respondent's petition for reconstitution of title, as the arguments raised therein basically attacked the validity of the auction sale of the property in favor of respondent due to infirmities, which are irrelevant and not germane to the main action for reconstitution of a certificate of title. 6 In sum, the CA did not commit grave abuse of discretion in affirming the court a quo's denial of petitioner's Opposition to respondent's petition for reconstitution. Settled is the rule that an essential requisite for filing a petition for certiorari is the allegation that the judicial tribunal acted with grave abuse of discretion amounting to lack or excess of jurisdiction. Grave abuse of discretion has been defined as a capricious or whimsical exercise of judgment that is patent and gross as to amount to an evasion of positive duty or a virtual refusal to perform a duty enjoined by law. 7 Besides, the issue has been mooted by the grant 8 of respondent's petition for reconstitution by the court a quo. 9
SO ORDERED. (Reyes, A., Jr. and Hernando, JJ., on official leave.)"
Very truly yours,
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 11-21.
2.Id. at 28-35. Penned by Associate Justice Manuel M. Barrios with Associate Justices Maria Filomena Singh and Ruben Reynaldo G. Roxas, concurring.
3.Id. at 37-39.
4. See RTC Order dated March 5, 2018, signed by Presiding Judge Edgardo B. Bellosillo; id. at 40-41.
5. Not attached to the rollo.
6. See rollo, p. 32.
7.Cruz v. People, 812 Phil. 166, 173 (2017).
8. See RTC Decision dated December 7, 2018, penned by Judge Edgardo B. Bellosillo; rollo, pp. 79-83.
9. See id. at 34.