SECOND DIVISION
[G.R. No. 246305. June 26, 2019.]
CAMILO L. RAZONABLE [DECEASED], SUBSTITUTED BY JOANNE B. RAZONABLE AND ANECITA L. RAZONABLE, petitioner, vs.SPOUSES EDILBERTO L. TAYONG AND RITA M. TAYONG, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated26 June 2019which reads as follows:
"G.R. No. 246305 (Camilo L. Razonable [deceased], substituted by Joanne B. Razonable and Anecita L. Razonable v. Spouses Edilberto L. Tayong and Rita M. Tayong)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the July 20, 2018 Decision 2 and the March 5, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 08046-MIN for failure of petitioners Camilo L. Razonable (deceased), substituted by Joanne B. Razonable and Anecita L. Razonable (petitioners), to sufficiently show that the CA committed any reversible error in giving due course to respondents Spouses Edilberto L. Tayong and Rita M. Tayong's (respondents) Petition for Certiorari (certiorari petition) dated April 5, 2017. 4 HTcADC
Under pertinent jurisprudence, the extraordinary remedy of certiorari may be availed of only by parties before the proceedings in the lower court. 5 In this relation, it should be observed that a transferee pendente lite is a proper party that stands exactly in the shoes of the transferor, the original party. As such, the transferee is deemed joined or substituted in the pending action by operation of law from the exact moment when the transfer of interest is perfected between the original party and the transferee. 6 Hence, as transferees pendente lite, respondents have the requisite standing to file the certiorari petition before the CA. Consequently, the CA did not err in giving due course to the same.
SO ORDERED."
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 14-23.
2.Id. at 30-45. Penned by Associate Justice Perpetua T. Atal-Paño with Associate Justices Oscar V. Badelles and Walter S. Ong, concurring.
3.Id. at 47-49. Penned by Associate Justice Walter S. Ong with Associate Justices Oscar V. Badelles and Florencio M. Mamauag, Jr., concurring.
4.Id. at 146-162.
5.Tang v. CA, 382 Phil. 277, 287 (2000).
6.Cameron Granville 3 Asset Management, Inc. v. Chua, 795 Phil. 116, 123 (2016); Siguion Reyna Montecillo and Ongsiako Law Offices v. Chionlo-Sia, 780 Phil. 228, 239 (2016); and Heirs of Medrano v. De Vera, 641 Phil. 228, 244 (2010).