FIRST DIVISION
[G.R. No. 243397. March 20, 2019.]
PINAGSAMA MULTI-PURPOSE TRANSPORT COOPERATIVE ALSO KNOWN AS PINAGSAMA TRANSPORT SERVICE AND MULTI-PURPOSE COOPERATIVE, petitioner, vs.AUTOMATIC LENDING INVESTOR CORPORATION, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated March 20, 2019which reads as follows:
"G.R. No. 243397 (Pinagsama Multi-Purpose Transport Cooperative also known as Pinagsama Transport Service and Multi-Purpose Cooperative v. Automatic Lending Investor Corporation) — The petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
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 May 3, 2018 Decision 1 and November 14, 2018 Resolution, 2 as to warrant the exercise of the Court's appellate jurisdiction.
As correctly ruled by the CA, petitioner failed to prove its claim that the officers who signed the promissory note and the chattel mortgage were not authorized by the board to sign on behalf of the cooperative. Petitioner can no longer assail the evidence presented by the respondent. It had forfeited its right to raise its objections and present rebuttal evidence when they failed to appear during the pre-trial and to submit a pre-trial brief. Moreover, the compromise agreement relied upon by petitioner cannot be accorded great weight because it is not clear whether the signatories have the authority to enter into such an agreement. Further, nothing in the said agreement states that the parties intend to terminate any pending or future litigation between the parties involving the loan obtained from respondent.
WHEREFORE, the petition is DENIED. The May 3, 2018 Decision and November 14, 2018 Resolution of the Court of Appeals in CA-G.R. CV No. 105784 are AFFIRMED. acEHCD
SO ORDERED." Bersamin, C.J., on official business.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 27-34; penned by CA Associate Justice Danton Q. Bueser with Associate Justices Mariflor P. Punzalan-Castillo and Henri Jean Paul B. Inting, concurring.
2.Id. at 41-43.