FIRST DIVISION
[G.R. No. 241669. October 17, 2018.]
HEIRS OF HERMINIGILDA BALATERO DELA TORRE, NAMELY: EDGAR B. DELA TORRE, ALLAN DELA TORRE, ACHILLES B. DELA TORRE, GRACE DELA TORRE RODRIGO AND MARIA D. MAMUGAY, petitioners,vs. HEIRS OF SILVESTRA BALATERO KAAMINO,1REPRESENTED BY REBECCA KAAMINO MIRAFUENTES, THEIR KNOWN ATTORNEY-IN-FACT, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedOctober 17, 2018which reads as follows:
"G.R. No. 241669 — Heirs of Herminigilda Balatero dela Torre, namely: Edgar B. dela Torre, Allan dela Torre, Achilles B. dela Torre, Grace dela Torre Rodrigo and Maria D. Mamugay, Petitioners, v. Heirs of Silvestra Balatero Kaamino,represented by Rebecca Kaamino Mirafuentes, their known attorney-in-fact, Respondents. CaSAcH
Considering the allegations, arguments and issues raised in the instant Petition for Review on Certiorari, the Court resolves to DENY the same for: (i) insufficient payment to the Sheriff's Trust Fund; 2 (ii) having a defective Affidavit of Service; 3 (iii) lack of explanation why service of the Petition on the Court of Appeals (CA) and the adverse parties was not done personally; and, (iv) failure to show that the CA in CA-G.R. CV No. 04616-MIN committed any reversible error in affirming the Decision of the Regional Trial Court of Tangub City, Branch 16 (RTC) in Civil Case No. TC-2007-009.
Petitioners claim that their mother, Herminigilda Balatero dela Torre (Herminigilda), was denied due process when the RTC disallowed her to testify after she and her counsel failed to appear at the previous scheduled hearing. They also insist that the RTC did not allow Herminigilda to formally offer the evidence identified by her two witnesses. SaIEcA
The Court is unconvinced.
Let it be underscored that both the RTC and the CA stressed that Herminigilda in fact refused to testify even when she was called to the witness stand as a hostile witness. The CA went further in noting that the RTC even considered Herminigilda's documentary evidence (even without its formal offer) vis-à-vis the evidence adduced by Silvestra Balatero Kaamino in rendering its Decision. 4 Verily, due process, or such "reasonable opportunity to be heard and submit one's evidence in support of his[/her] defense" 5 was duly accorded and made available to Herminigilda.
ACCORDINGLY, the Court resolves to AFFIRM the assailed February 28, 2018 Decision and July 25, 2018 Resolution of the Court of Appeals in CA-G.R. CV No. 04616-MIN. IaHDcT
SO ORDERED." Bersamin, J., designated as Acting Chairperson of the First Division per S.O. No. 2606 dated October 10, 2018; Gesmundo, J., designated as Additional Member of the First Division per S.O. No. 2607 dated October 10, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. Kaamiño in some parts of the records.
2. The payment made by petitioners lacks P30.00 for Sheriff's Trust Fund, per A.M. No. 17-12-09-SC (the amount remitted was only P4,500.00).
3. The Affidavit of Service was notarized on August 20, 2018 prior to the actual posting of its copies on the Court of Appeals and the adverse parties on August 23, 2018, and the affiant therein did not present any ID issued by a government agency.
4.Rollo, pp. 23, 54.
5.Spouses Layos v. Fil-Estate Golf and Development, Inc., 583 Phil. 72, 113 (2008).