FIRST DIVISION
[G.R. No. 228670. August 5, 2019.]
LYDIA IMPERIAL, REPRESENTED BY ONE OF HER HEIRS: REGALIA IMPERIAL, petitioner,vs. SPOUSES AMADO AND ANITA BATAC REPRESENTED BY ONE OF THEIR HEIRS: AMADO BATAC, JR., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 5, 2019 whichreads as follows:
"G.R. No. 228670 (LYDIA IMPERIAL, REPRESENTED BY ONE OF HER HEIRS: REGALIA IMPERIAL, Petitioner, v. SPOUSES AMADO AND ANITA BATAC REPRESENTED BY ONE OF THEIR HEIRS: AMADO BATAC, JR., Respondent.) — After a judicious review of the records, the Court resolves to DENY the appeal against the January 14, 2016 decision 1 and December 12, 2016 resolution 2 by the Court of Appeals (CA) for failure to prove that the CA committed reversible error in ruling that the filing of the motion for issuance of a writ of execution was done within the five-year reglementary period.
The Court sees no cogent reason to reverse the CA considering that the decision sought to be enforced became final and executory on June 2, 2008. 3 Accordingly, the filing of the motion for execution on April 8, 2011 and the issuance of the writ on September 13, 2011 were made within the five-year period for the enforcement of a decision through the filing of a motion. Under Section 6, Rule 39 of the Rules of Court, a final and executory judgment or order may be executed on motion within five years from date of its entry.
WHEREFORE, the Court DENIES the petition for review; AFFIRMS the January 14, 2016 decision and December 12, 2016 resolution promulgated by the Court of Appeals in CA G.R. SP No. 140140; and ORDERS the petitioner to pay costs of suit.
SO ORDERED."Carandang, J.,no part;Peralta, J.,designated Additional Member.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 36-43; penned by Associate Justice Mario V. Lopez with the concurrence of Associate Justice Rosmari D. Carandang (now a member of this Court) and Associate Justice Myra V. Garcia-Fernandez.
2.Id. at 45-47; penned by Associate Justice Mario V. Lopez with the concurrence of Associate Justice Rosmari D. Carandang (now a member of this Court) and Associate Justice Myra V. Garcia-Fernandez.
3.Id. at 39.