Paulin v. Uy

THIRD DIVISION

[G.R. No. 241736. December 3, 2018.]

CONSUELO M. PAULIN, petitioner,vs. PATSY R. UY, respondent.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, Third Division, issued a Resolution dated December 3, 2018, which reads as follows:

"G.R. No. 241736 — (Consuelo M. Paulin, petitioner v. Patsy R. Uy, respondent.) — Considering the allegations and arguments adduced in the Petition for Review on Certiorari1 assailing the January 30, 2018 Decision 2 and July 4, 2018 Resolution 3 of the Court of Appeals in CA-G.R. SP No. 07946-MIN, this Court resolves to DENY the Petition for failure to sufficiently show any reversible error in the assailed Decision.

However, to clarify an ambiguity caused by the omission of an established fact contained in the records, this Court RESOLVES to MODIFY the dispositive portion of the Municipal Trial Court in Cities April 19, 2016 Judgment 4 to read as follows:

WHEREFORE, by preponderance of evidence, judgment is hereby rendered granting the claim of the plaintiff Patsy R. Uy, declaring her to be better entitled to possess the 173-square-meter land, more or less, located in Pangabugan, Butuan City, covered by Transfer Certificate of Title (TCT) No. 157-2014000068 and Tax Declaration No. 08-07-0003-00624, and ordering the defendant Consuelo M. Paulin, and all persons claiming rights under her, to vacate the 55-square-meter portion of Uy's property encroached by them and demolish any and all improvements/structures constructed therein at their own expense, and to peacefully restore possession thereof to the plaintiff.

Defendant is likewise ordered to pay to plaintiff the following:

1. P300.00 per month as rentals reckoned from May 2014 until such time that she actually vacates the subject property;

2. P15,000.00 as attorney's fees; and

3. P3,263.00 as costs of suit.

This case is dismissed as to Spouses Sergio and Daisy Topdas, and Spouses Marlou and Leonor Andebor.

SO ORDERED. 5

SO ORDERED."

Very truly yours,

(SGD.) WILFREDO V. LAPITANDivision Clerk of Court

 

Footnotes

1.Rollo, pp. 3-17.

2.Id. at 20-24. The Decision was penned by Associate Justice Oscar V. Badelles and concurred in by Associate Justices Romulo V. Borja and Tita Marilyn Payoyo-Villordon of the Twenty-First Division, Court of Appeals, Cagayan de Oro City.

3.Id. at 41-42. The Resolution was penned by Associate Justice Oscar V. Badelles and concurred in by Associate Justices Romulo V. Borja and Tita Marilyn Payoyo-Villordon of the Twenty-First Division, Court of Appeals, Cagayan de Oro City.

4.Id. at 89-92. The Judgment, docketed as Civil Case No. 12856, was penned by Presiding Judge Dennis B. Castilla of Branch 1, Municipal Trial Court in Cities, Butuan City.

5.Id. at 92.