THIRD DIVISION
[G.R. No. 208547. September 8, 2014.]
FRANCEL REALTY CORPORATION, petitioner, vs. COURT OF APPEALS AND STK PRIME REAL PROPERTY DEVELOPMENT CORPORATION, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated September 8, 2014, which reads as follows:
"G.R. No. 208547 (Francel Realty Corporation vs. Court of Appeals and STK Prime Real Property Development Corporation). — Considering the allegations, issues and arguments raised in the present Motion to Set Aside Entry of Judgment with Motion for Reconsideration, the Court finds no substantial reason to deviate from its September 30, 2013 Resolution, denying the Petition for Review on Certiorari.
Petitioner's present Motion is a mere rehash of issues already passed upon by the Court of Appeals (CA) in its Decision promulgated on November 29, 2012 in CA-G.R. SP No. 122561, and affirmed by this Court in its September 30, 2013 Resolution. Petitioner relies on the Stay Order issued by the Regional Trial Court (RTC), Branch 90, Quezon City, relative to the corporate rehabilitation proceedings pending before that court, which it claims has the effect of preventing the RTC, Branch 201, Las Piñas City, from issuing a Writ of Possession over the foreclosed property of petitioner.
However, as the CA already pointed out, such Stay Order had already been lifted and terminated by the court that issued it, in its Order dated October 6, 2010. Likewise, the subsequent Status Quo Order had already been lifted. Hence, the Stay Order and the Status Quo Order no longer have any force and effect. It follows, therefore, that they can no longer prevent the issuance of a Writ of Possession covering petitioner's foreclosed properties, which the RTC of Las Piñas City issued on September 1, 2011.
IN VIEW OF THE FOREGOING, the instant Motion to Set Aside Entry of Judgment is hereby DENIED, the Motion for Reconsideration is DENIED with FINALITY, and the assailed September 30, 2013 Resolution of this Court is AFFIRMED in all respects. No further pleadings are allowed. Let entry of judgment be issued in due course.
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court