FIRST DIVISION
[G.R. No. 239926. August 8, 2018.]
REPUBLIC OF THE PHILIPPINES, petitioner,vs. ANALYN LUMIBAO-KAJI, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 8, 2018which reads as follows: HTcADC
"G.R. No. 239926 (Republic of the Philippines v. Analyn Lumibao-Kaji). — 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, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its ruling.
In light of our ruling in Republic v. Manalo, 1 the contention that respondent's consent to the divorce affects her capacity to remarry does not hold water. Further, factual findings of the trial court, particularly when affirmed by the CA, are binding upon us. The trial court and the CA found the evidence presented by respondent to be sufficient for the grant of the judicial recognition of the foreign decree. Furthermore, petitioner raises questions of fact which are generally not reviewable in a petition for review on certiorari under Rule 45 of the Rules of Court. 2 Petitioner, therefore, cannot bring into issue questions of fact which it failed to raise before the proceedings in the lower court absent compelling reasons.
WHEREFORE, the petition is DENIED. The Decision dated August 11, 2017 and Resolution dated May 10, 2018 of the Court of Appeals in CA-G.R. CV No. 106819 are AFFIRMED.
The petitioner is hereby required to PAY within five (5) days from notice hereof, the amount of P1,000.00 for Sheriff's Trust Fund per A.M. 17-12-09-SC.
SO ORDERED."Leonardo-De Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1. G.R. No. 221029, April 24, 2018.
2. See Powerhouse Staffbuilders International, Inc. v. Rey, G.R. No. 190203, November 7, 2016, 807 SCRA 8, 19-20.