FIRST DIVISION
[G.R. No. 248470. August 28, 2019.]
CYNTHIA B. PILIZ, petitioner, vs.CELIA PILIZ-BAYLON, JOSEPH PILIZ, FELICIDAD PILIZ-RODRIGUEZ, AND FRANCIS PILIZ, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 28, 2019which reads as follows:
"G.R. No. 248470 (Cynthia B. Piliz v. Celia Piliz-Baylon, Joseph Piliz, Felicidad Piliz-Rodriguez, and Francis Piliz)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the March 6, 2018 Decision 2 and the July 2, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. CV No. 107586 for failure of petitioner Cynthia B. Piliz (petitioner) to sufficiently show that the CA committed any reversible error in declaring her, James Piliz, and respondents Celia Piliz-Baylon, Joseph Piliz, Felicidad Piliz-Rodriguez, and Francis Piliz (respondents), as co-owners of the subject properties covered by Transfer Certificate of Title Nos. 61987 and 61988, and subsequently, ordering its partition among themselves.
As correctly ruled by the CA, it has been established that petitioner and her siblings are co-owners of the subject properties by virtue of the express trust constituted upon the same. 4 Moreover, the action to recover in an express trust has not yet prescribed since petitioner failed to show by clear and convincing evidence that the unequivocal act of repudiation was known to respondents. 5 It is settled that prescription and laches will run only from the time the express trust is repudiated, 6 which petitioner failed to show in this case. Finally, factual findings of the trial court, when adopted and confirmed by the CA, are binding and conclusive on this Court and will not be reviewed on appeal, save for certain exceptions, 7 none of which are obtaining in this case.
The Court of Appeals is DELETED as party respondent in this case pursuant to Sec. 4, Rule 45, 1997 Rules of Civil Procedure, as amended.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 3-16.
2.Id. at 48-49. Penned by Associate Justice Danton Q. Bueser with Associate Justices Mariflor P. Punzalan Castillo and Germani Francisco D. Legaspi, concurring.
3.Id. at 48-49.
4. See id. at 29.
5. See id. at 32.
6.Heirs of Labiste v. Heirs of Labiste, 605 Phil. 495, 504 (2009).
7.Insular Investment and Trust Corporation v. Capital One Equities Corporation, 686 Phil. 819, 830-831 (2012); citations omitted.