FIRST DIVISION
[G.R. No. 237660. June 4, 2018.]
METROPOLITAN BANK AND TRUST COMPANY, petitioner, vs. HEIRS OF JOSE L. RIVERA, represented by EVALYN R. LAYUG AND DULCE R. DAWANG, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 4, 2018which reads as follows:
"G.R. No. 237660 — Metropolitan Bank and Trust Company vs. Heirs of Jose L. Rivera, represented by Evalyn R. Layug and Dulce R. Dawang
After a judicious review of petitioner bank's allegations and in accordance with Rule 45 and other related provisions of the Rules of Court, the Court resolves to DENY the present Petition for Review on Certiorari.
Petitioner bank prays that the Minute Resolutions dated October 5, 2016 and July 12, 2017, as well as the Resolution dated February 14, 2018, issued by the Court of Appeals (CA) be set aside and that it be given the opportunity to file an appellant's brief.
To recall, Minute Resolution dated October 5, 2016 dismissed petitioner bank's appeal for failure of the petitioner to file its Appellant's Brief while the Minute Resolution dated July 12, 2017 directed that an Entry of Judgment be made. The Resolution dated February 14, 2018 denied the Motion for Reconsideration of aforesaid Minute Resolutions. HTcADC
Petitioner bank maintains that it did not receive any notice to file Appellant's Brief as it was sent to the wrong address by the CA.
This factual matter had been dealt with by the CA when it held that, per a certification from the postal office, counsel for petitioner bank received a copy of the October 5, 2016 Minute Resolution in the address as it appeared on record.
Such factual finding of the CA binds this Court being a non-trier of facts. Besides, in petitions filed under Rule 45 such as this one, only questions of law may be entertained. While jurisprudence provides certain exceptions, the same must be alleged and substantiated. Here, the Court finds that the petition raises no substantial question of law nor did it show that it falls under any of the exceptions to justify review.
SO ORDERED." Leonardo-de Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Tijam, J., on official leave; Gesmundo, J., designated as Acting Member per Special Order No. 2560 dated May 11, 2018. CAIHTE
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court