FIRST DIVISION
[G.R. No. 245476. July 8, 2019.]
DENNIS NAKPIL, RICHARD IBAÑEZ AND FERDINAND ARANETA, petitioners, vs.PEOPLE OF THE PHILIPPINES AND MEEDSON PROPERTIES CORPORATION, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJuly 8, 2019which reads as follows:
"G.R. No. 245476 (Dennis Nakpil, Richard Ibañez and Ferdinand Araneta v. People of the Philippines and Meedson Properties Corporation).
The motion for extension of time to file a petition for review on certiorari filed by petitioners is DENIED for being filed beyond the reglementary period. Petitioner's filing of a second motion for reconsideration before the Court of Appeals (CA), a prohibited pleading under the rules, did not toll the period for the filing of a petition for review before this Court. HTcADC
After review, the Court resolves to DENY the petition for failure to show that the CA committed reversible error in dismissing the petition. It is a fundamental rule that the trial court's factual findings, especially its assessment of the credibility of witnesses, are accorded great weight and respect and binding upon this Court, particularly when affirmed by the CA. As correctly ruled by the CA, as established in the proceedings below, at the time the petitioners forcibly entered the Dencio's Restaurant, Meedson's right to possess the property had already set in pursuant to the provisions of the contract of sub-lease. To be specific, when One Nakpil Global Ventures, Inc. failed to pay its monthly rentals as required under the contract, Meedson lawfully acquired possession of the property, and exercised acts of possession including the use of padlocks, to prevent unlawful entry. This right of possession, contractually acquired and lawfully exercised, was the very right violated by the petitioners.
WHEREFORE, the petition is DENIED. The Decision dated November 29, 2017 and Resolutions dated September 21, 2018 and February 19, 2019 of the Court of Appeals in CA-G.R. CR No. 37657 are hereby AFFIRMED.
The manifestation with motion, submitting the correct version of the verification and certification by petitioner Dennis Nakpil together with the photocopy of his Non-Professional Driver's License is NOTED. CAIHTE
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court