FIRST DIVISION
[G.R. No. 242229. March 4, 2019.]
NEGROS OCCIDENTAL ELECTRIC COOPERATIVE [NOCECO], petitioner, vs.JOHN TUASON, REPRESENTED BY PELAGIO Y. BUENO, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated March 4, 2019 which reads as follows:
"G.R. No. 242229 (Negros Occidental Electric Cooperative [NOCECO] v. John Tuason, represented by Pelagio Y. Bueno)
After review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its December 16, 2016 Decision 1 and May 24, 2018 Resolution, 2 as to warrant the exercise of the Court's appellate jurisdiction.
As correctly ruled by the CA, petitioner's failure to implead John Tuason (respondent) as party to the case and to subsequently serve summons upon him violated his right to procedural due process. Respondent is not a mere garnishee; rather, he is an indispensable party as he stands to be injured or benefited by the outcome of the main proceedings. He has such an interest in the controversy that a final decree would necessarily affect his rights. Not having been impleaded, respondent cannot be prejudiced by any judgment where his interests and properties are adjudicated in favor of another.
WHEREFORE, the petition is DENIED. The Decision dated December 16, 2016 and the Resolution dated May 24, 2018 of the Court of Appeals in CA-G.R. SP No. 09283 are AFFIRMED.
The petitioner's compliance with the Resolution dated September 17, 2018, stating that it received on January 23, 2017 a copy of the Court of Appeals Decision dated December 16, 2016, is NOTED. The petitioner is hereby required to SUBMIT within five (5) days from notice hereof, a soft copy in compact disc, USB or e-mail containing the PDF file of the signed compliance pursuant to A.M. Nos. 10-3-7-SC and 11-9-4-SC.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 27-43; penned by Associate Justice Pamela Ann Abella Maxino with Associate Justices Pablito A. Perez and Gabriel T. Robeniol, concurring.
2.Id. at 44-48; penned by Associate Justice Pamela Ann Abella Maxino with Associate Justices Edgardo L. Delos Santos and Gabriel T. Robeniol, concurring.