SECOND DIVISION
[G.R. No. 237195. March 27, 2019.]
MAMERTO MENDOZA [DECEASED], SUBSTITUTED BY HIS HEIRS, CARLOS B. MENDOZA, ROSALIE B. MENDOZA, AND ADELIA B. MENDOZA, * petitioners, vs.REPUBLIC OF THE PHILIPPINES, respondent.
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. 237195 (Mamerto Mendoza [deceased], substituted by his heirs, Carlos B. Mendoza, Rosalie B. Mendoza, and Adelia B. Mendoza v. Republic of the Philippines)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the July 31, 2017 Decision 2 and the January 23, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. CV No. 99482 for failure of petitioners Mamerto Mendoza (Mamerto), substituted by his heirs, Carlos B. Mendoza, Rosalie B. Mendoza, and Adelia B. Mendoza (petitioners), to sufficiently show that the CA committed any reversible error in affirming the July 18, 2012 Decision 4 of the Regional Trial Court of Lemery, Batangas, Branch 5 (RTC) in Civil Case No. 45-93.
As correctly ruled by the CA, Mamerto employed fraud to obtain a free patent over the subject land. 5 Aside from Mamerto's own admission that there are portions of the land that were submerged in water during high tide, he never contradicted the CA's finding that the dredging activity conducted sometime from 1970 to 1980 had actually created the subject land. 6 Settled is the rule that factual findings of trial courts, when affirmed by the appellate courts and supported by sufficient evidence, deserve respect and finality by this Court. 7 Considering that the subject land is part of the Pansipit River, it cannot be alienated in favor of private persons such as petitioners.
SO ORDERED."
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
* See Manifestation with Motion to Substitute Deceased Petitioner dated April 10, 2018; rollo, pp. 96-99.
1. Id. at 15-27.
2. Id. at 32-46. Penned by Associate Justice Carmelita Salandanan Manahan with Associate Justices Fernanda Lampas Peralta and Elihu A. Ybañez, concurring.
3. Id. at 48-49.
4. Id. at 71-73. Penned by Executive Judge Eutiquio L. Quitain.
5. See id. at 40.
6. See id. at 40-42.
7. See Pacific Airways Corporation v. Tonda, 441 Phil. 156, 162 (2002).