FIRST DIVISION
[G.R. No. 198851. June 19, 2019.]
NATIONAL POWER CORPORATION, petitioner, vs.ROBERN DEVELOPMENT CORPORATION, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated June 19, 2019which reads as follows:
"G.R. No. 198851 (NATIONAL POWER CORPORATION, Petitioner, v. ROBERN DEVELOPMENT CORPORATION, Respondent.) — After a judicious perusal of the records, the Court resolves to DENY the appeal for failure of the petitioner to prove that the Court of Appeals (CA) committed reversible error in rendering its decision 1 and resolution promulgated on January 28, 2011, and September 27, 2011, respectively, whereby the CA affirmed the decision of the Regional Trial Court (RTC) of Davao City, Branch 15 to remand the case to the RTC for final determination of the monthly rental and just compensation due to the respondent. HTcADC
Herein petitioner contended that the CA erred in not modifying the ruling of the RTC with regard to the period for which it should be liable for rental payment.
The Court disagrees.
At the outset, it must be pointed out that the petitioner did not appeal the challenged decision of the RTC. It is settled that a decision becomes final as against a party who does not appeal the same, and an appellee who has not himself appealed cannot obtain from the appellate court any affirmative relief other than those granted in the decision of the court below. 2 Accordingly, the decision of the RTC had attained finality when herein petitioner failed to appeal the said ruling.
WHEREFORE, the Court DENIES the petition and AFFIRMS the decision and resolution of the CA in CA-G.R. CV No. 70447 promulgated on January 28, 2011, and September 27, 2011, respectively.
SO ORDERED."Jardeleza, J., no part due to prior action as Solicitor General; Lazaro-Javier, J., designated Additional Member per Raffle dated March 20, 2019. CAIHTE
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 140-153; penned by Associate Justice Leoncia R. Dimagiba and concurred in by Associate Justice Edgardo A. Camello and Associate Justice Nina G. Antonio-Valenzuela.
2.Javines v. Xlibris, G.R. No. 214301, June 7, 2017, 826 SCRA 640, 647.