FIRST DIVISION
[G.R. No. 243437. March 18, 2019.]
ALFREDO IBASCO REPRESENTED BY ALBERTO C. IBASCO, petitioner, vs.ANNA CATRINA N. DEL ROSARIO, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated March 18, 2019which reads as follows:
"G.R. No. 243437 (Alfredo Ibasco represented by Alberto C. Ibasco v. Anna Catrina N. Del Rosario) — The petitioner's 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 of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its January 16, 2018 Decision 1 and November 27, 2018 Resolution, 2 as to warrant the exercise of the Court's appellate jurisdiction.
As correctly ruled by the CA, the Metropolitan Trial Court (MeTC) validly acquired jurisdiction over the complaint and that respondent was able to sufficiently prove that she is entitled to the physical possession of the subject property being the registered owner thereof. Also, prior barangay conciliation is not necessary in the instant case because the parties are not residents of the same city. Moreover, the issue of ownership raised in a separate case, such as an action for annulment of title, is not prejudicial to an ejectment suit and does not abate the ejectment case.
The Court, however, deems it necessary to impose interest on the monetary awards adjudged by the MeTC. From the finality of a judgment awarding a sum of money until it is satisfied, the award shall be considered a forbearance of credit, regardless of whether the award in fact pertained to one. 3 To be consistent with Nacar v. Gallery Frames, et al., 4 and, in accordance with Section 1 of Resolution 796 of the Monetary Board of the Bangko Sentral ng Pilipinas dated May 16, 2013, the interest on the monetary awards shall then be fixed at 6% per annum from July 1, 2013, until full satisfaction thereof.
WHEREFORE, the petition is DENIED. The January 16, 2018 Decision and November 27, 2018 Resolution of the Court of Appeals, in CA-G.R. SP No. 146219, are AFFIRMED with MODIFICATION. The amount of P1,000.00 monthly rental to be paid by petitioner from February 1, 2009 until the subject property is fully vacated is subject to interest at the rate of twelve percent (12%) per annum from February 1, 2009 until June 30, 2013, and six percent (6%) per annum from July 1, 2013 up to the finality of this decision until fully paid. CAIHTE
SO ORDERED." Bersamin, C.J., on official business.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 34-42; penned by Associate Justice Samuel H. Gaerlan with Associate Justices Mariflor P. Punzalan-Castillo and Marie Christine Azcarraga-Jacob, concurring.
2.Id. at 31-32.
3.Davao Holiday Transport Services Corporation v. Sps. Emphasis, 748 Phil. 921, 927 (2014), citing S.C. Megaworld Construction and Development Corporation v. Parada, 717 Phil. 752, 773 (2013).
4. 716 Phil. 267, 283 (2013).