SECOND DIVISION
[G.R. No. 232210. March 27, 2019.]
CESAR P. MAGSAYSAY, petitioner, vs.HEIRS OF ROMUALDA CALO AND HEIRS OF SPOUSES ANTONIO M. LAMIGO AND JOSEFINA CALO JOHNSON-LAMIGO, REP. BY RICARDO J. LAMIGO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 27 March 2019 which reads as follows:
"G.R. No. 232210 — Cesar P. Magsaysay versus Heirs of Romualda Calo and Heirs of Spouses Antonio M. Lamigo and Josefina Calo Johnson-Lamigo, rep. by Ricardo J. Lamigo
After an exhaustive review of the instant Petition and its annexes, the Court resolves to DENY the instant Petition.
The petitioner failed to sufficiently show that the Court of Appeals, Twenty-Third (23rd) Division (CA) committed any reversible error in issuing its Decision 1 dated November 29, 2016 and Resolution 2 dated May 16, 2017 in CA-G.R. SP No. 142064-MIN as to warrant the exercise of this Court's discretionary appellate jurisdiction.
As correctly held by the court a quo, the principle of res judicata does not apply in the instant case, contrary to the assertion of the petitioner. This Court, in Heirs of Jose T. Calo v. Calo, et al., 3 adjudged with finality the reconstitution of Original Certificate of Title No. (OCT) 337, as well as ordered the annotation and registration of the petitioner's claim of ownership and possession over the 19,882-square meter portion of the land covered by OCT 337, i.e., Lot No. 306. On the other hand, the petition pending before the Regional Trial Court of Agusan del Norte and Butuan City, Branch 2 (RTC) questions the propriety and seeks the cancellation of OCT P-2664 on account of the respondents' allegation that prior to the issuance of OCT P-2664 in favor of the petitioner in 1983 covering certain portions of Lot No. 306, on April 3, 1926, OCT 337 had already been issued covering the entire Lot No. 306 in favor of certain persons.
Further, contrary to the argument of the petitioner, the non-application of forum shopping is manifestly apparent in the instant case considering the glaring absence of the elements of identity of parties and subject matters/causes of action.
SO ORDERED."
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 31-40. Penned by Associate Justice Ruben Reynaldo G. Roxas and concurred in by Associate Justices Edgardo T. Lloren and Rafael Antonio M. Santos.
2.Id. at 42-43.
3. 598 Phil. 51 (2009).