FIRST DIVISION
[G.R. No. 241404. January 10, 2019.]
HEIRS OF JULIO TUPUE, NAMELY: MARK JOSEPH O. TUPUE, ET AL., petitioners,vs. HEIRS OF ARSENIA TUPUE TUBURO, REPRESENTED BY ASUNCION TUMALA, ET AL., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJanuary 10, 2019which reads as follows:
"G.R. No. 241404 (Heirs of Julio Tupue, namely: Mark Joseph O. Tupue, et al. v. Heirs of Arsenia Tupue Tuburo, represented by Asuncion Tumala, et al.). — 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 review, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its Decision dated April 26, 2018 and its Resolution dated July 31, 2018.
The CA did not err in ruling that respondents have better rights over the subject properties. As correctly found by the CA, the subject properties are covered by Original Certificate Title No. 8485 registered in the name of respondent Arsenia Tupue Tuburo, and by Katibayan ng Orihinal na Titulo Blg. 3219 registered in the name of respondent Maria Tupue Olarte. On this point, the CA aptly ruled that, as between petitioners' unsubstantiated and self-serving claim that the Extrajudicial Partition Agreement (adjudicating parts of the subject properties to petitioners and respondents) was fraudulent and respondents' titles over the property, the latter must prevail. Besides, evidence shows that neither petitioners' "Possessory Information" nor their unsubstantiated claim of possession of the subject properties can defeat the rights legally acquired by respondents over the subject properties.
WHEREFORE, the petition is DENIED. The Court of Appeals' Decision dated April 26, 2018 and Resolution dated July 31, 2018 in CA-G.R. SP No. 142790 are hereby AFFIRMED.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court