FIRST DIVISION
[G.R. No. 234857. July 9, 2018.]
SYLVIA MARIANO, petitioner,vs. COURT OF APPEALS AND LOLITA CONCEPCION y SOLOMON, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJuly 9, 2018which reads as follows: DACcIH
"G.R. No. 234857 (Sylvia Mariano v. Court of Appeals and Lolita Concepcion y Solomon). — After review, the Court resolves to DISMISS the petition for failure to show that the Court of Appeals (CA) committed grave abuse of discretion in rendering its Decision dated April 21, 2017 in CA-G.R. CR No. 38409 which acquitted private respondent for the crime of theft. For the writ of certiorari to issue, the respondent court must be shown to have acted with grave abuse of discretion amounting to lack or excess of jurisdiction. This, petitioner failed to do with her bare allegations. Private respondent, on the other hand, has sufficiently proven in her opposition and comment to the petition for certiorari that petitioner was indeed notified of the appeal through her counsel of record.
WHEREFORE, the petition is DISMISSED. The Decision of the Court of Appeals dated April 21, 2017 in CA-G.R. CR No. 38409 is AFFIRMED.
The petitioner's payment of legal fees as evidenced by O.R. No. 0196362-SC dated November 11, 2017 in the total amount of P200.00 for deposit for sheriff's fee; and the petitioner's manifestation and compliance (ex-parte) with the Resolution dated January 11, 2018, stating that she has already paid P200.00 as deposit for sheriff's fee per Official Receipt dated November 10, 2017 and that the date of issuance of her counsel's MCLE Compliance V is April 10, 2015 per photocopy of the thereto attached certificate of compliance; the notice of entry of appearance of Atty. Marvyn L. Maristel, as counsel for private respondent, with conformity, praying that all pleadings, orders and notices relative to the instant case be furnished at #200 Unit A, Greengate Road near Malagasang Road, Malagasang II-A, Imus Cavite; and the private respondent's opposition and comment on the petition for certiorari are all NOTED; and respondent's motion for an extension of ten (10) days or until April 12, 2018 within which to submit a comment on the petition for certiorari is GRANTED.
SO ORDERED." Leonardo-de Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018. HSCATc
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court