FIRST DIVISION
[G.R. No. 238231. June 11, 2018.]
FRANCEL REALTY CORPORATION, petitioner,vs. FRANCISCO T. SYCIP, JR., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 11, 2018which reads as follows: HTcADC
"G.R. No. 238231 — Francel Realty Corporation v. Francisco T. Sycip, Jr.
Petitioner's Motion for Extension seeking an additional period of 30 days within which to file its petition is GRANTED.
Considering the allegations, arguments, and issues raised, the Petition for Review on Certiorari is DENIED for (1) failure to sufficiently show any reversible error in the assailed Decision and Resolution of the Court of Appeals (CA) as to warrant the exercise of this Court's discretionary appellate jurisdiction; and (2) lack of verified statement as to the date of filing of motion for reconsideration.
Petitioner argues that it was deprived of due process when the trial court denied outright its Motion to Lift Levy as well as the motion for reconsideration thereto. Suffice it to state, however, that this issue had already been squarely addressed by the CA and this Court is not inclined to depart from its apt ratiocination on the matter. To stress, the decision of the trial court awarding damages to respondent had already become final and executory. Hence, the levy on petitioner's properties was the direct consequence of the execution of the said final and executory decision. The trial court in denying outright the Motion to Lift Levy and the motion for reconsideration thereto, and the CA in affirming the same, did not therefore commit any reversible error in so doing.
ACCORDINGLY, the Court resolves to AFFIRM the assailed November 16, 2017 1 Decision and March 14, 2018 2 Resolution of the Court of Appeals in CA-G.R. SP No. 151739.
The Regional Trial Court, Branch 212, Mandaluyong City is deleted as party respondent in this case.
SO ORDERED." Leonardo-de Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Tijam, J., on official leave; Gesmundo, J., designated as Acting Member per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1.Rollo, pp. 21-27; penned by Associate Justice Franchito N. Diamante and concurred in by Associate Justices Magdangal M. De Leon and Zenaida T. Galapate-Laguilles.
2.Id. at 29-30.