FIRST DIVISION
[G.R. No. 218650. August 24, 2015.]
HEIRS OF JUAN CHAY ONG, REPRESENTED BY MRS. LIGAYA VDA. DE ONG, petitioners, vs. VICTORIO ONG AND HELEN ONG, AND ALL OTHER PERSONS CLAIMING TITLE OR POSSESSION UNDER THEM, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 24, 2015 which reads as follows:
"G.R. No. 218650 (Heirs of Juan Chay Ong, represented by Mrs. Ligaya Vda. De Ong v. Victorio Ong and Helen Ong, and all other persons claiming title or possession under them). — The petitioners' motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
After a judicious review of the records, the Court resolves to DENY the instant petition and AFFIRM the October 14, 2014 Decision 1 and June 11, 2015 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 116356 for failure of petitioners Heirs of Juan Chay Ong, represented by Mrs. Ligaya Vda. De Ong (petitioners-heirs), to sufficiently show that the CA committed any reversible error in dismissing their complaint for unlawful detainer against respondents Victorio Ong and Helen Ong, and all other persons claiming title or possession under them (respondents).
As correctly ruled by the CA, petitioners-heirs failed to establish: (a) Juan Chay Ong's ownership over the subject property; and (b) that they merely tolerated respondents' occupation. In contrast, respondents had competently shown their provisional right thereto as co-owners. Notably, the failure of petitioners-heirs to establish a better right of possession against respondents warrants the dismissal of their complaint for unlawful detainer.
SO ORDERED." TAacHE
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. Rollo, pp. 153-161. Penned by Associate Justice Zenaida T. Galapate-Laguilles with Associate Justices Mariflor P. Punzalan Castillo and Amy C. Lazaro-Javier concurring.
2. Id. at 172-173.