FIRST DIVISION
[G.R. No. 242134. January 16, 2019.]
PHILIPPINE GENERAL COUNCIL OF THE ASSEMBLIES OF GOD, REP. BY REV. VICTORIA ANDUYAN BUQUE, petitioner,vs. HEIRS OF LEONARDO CORTES, SR., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated January 16, 2019 which reads as follows:
"G.R. No. 242134 (Philippine General Council of the Assemblies of God, rep. by Rev. Victoria Anduyan Buque v. Heirs of Leonardo Cortes, Sr.). — After a review, the Court resolves to DENY the petition for failure to show that the Court of Appeals (CA) committed reversible error in denying the petition. The CA correctly ruled that the Regional Trial Court did not err in dismissing the complaint for failure of the petitioner to dispense of the burden of proving by clear and convincing evidence that it has a right to have TCT No. T-14551 cancelled. Absent any proof that Leonardo Cortes obtained OCT No. P-2806 by fraud or through misrepresentation, the indefeasibility of OCT No. P-2806 stands. Consequently, Reynaldo Cortes' title (TCT No. T-14551), which was ultimately derived from OCT No. P-2806, remains conclusive evidence of his ownership over the subject property.
WHEREFORE, the February 23, 2018 Decision and August 9, 2018 Resolution of the Court of Appeals in CA-G.R. CV No. 04341-MIN are hereby AFFIRMED.
The Cash Collection and Disbursement Division is hereby DIRECTED to RETURN to petitioner the excess payment for the legal fees in the amount of P1,000.00 under O.R. No. 0225557-SC-EP dated October 11, 2018.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court