SECOND DIVISION
[G.R. No. 241581. November 5, 2018.]
ARVIN C. SALONGA, petitioner, vs.CANDY MICHELLE CHUA, REPRESENTED BY HER ATTORNEY-IN-FACT, ELENA CHUA, AND THE REGISTRY OF DEEDS OF SAN JUAN CITY, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 05 November 2018which reads as follows:
"G.R. No. 241581 (Arvin C. Salonga v. Candy Michelle Chua, represented by her Attorney-in-Fact, Elena Chua, and the Registry of Deeds of San Juan City)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the February 28, 2018 Decision 2 and the August 17, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. CV No. 107050 for failure of petitioner Arvin C. Salonga (petitioner) to sufficiently show that the CA committed any reversible error in upholding the judgment on the pleadings 4 rendered by the Regional Trial Court of Pasig City, Branch 160 (RTC) in LRC Case No. 8275, which directed petitioner to surrender to the Registry of Deeds of San Juan City the owner's duplicate copy of Condominium Certificate of Title (CCT) Nos. 4433-R 5 and 4434-R, 6 failing in which, the same shall be declared null and void and new ones shall be issued in favor of respondent Candy Michelle Chua (respondent).
Judgment on the pleadings is proper when an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party's pleading. 7 "In a proper case for judgment on the pleadings, there is no ostensible issue at all because of the failure of the defending party's answer to raise an issue. The answer would fail to tender an issue, of course, if it does not deny the material allegations in the complaint or admits said material allegations of the adverse party's pleadings by confessing to the truthfulness thereof and/or omitting to deal with them at all." 8 As correctly ruled by the CA, petitioner had already admitted the material allegations in respondent's petition, including the Court's July 28, 2010 9 and October 18, 2010 10 Resolutions affirming with finality the ruling that petitioner is the registered owner of the properties covered by CCT Nos. 4433-R and 4434-R. 11 Thus, a judgment based on the pleadings was properly rendered by the RTC. CAIHTE
SO ORDERED." (REYES, J., JR., J., designated Additional Member per Special Order No. 2587 dated August 28, 2018; on official leave.)
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 9-41.
2.Id. at 45-54. Penned by Associate Justice Rodil V. Zalameda with Associate Justices Magdangal M. De Leon and Renato C. Francisco, concurring.
3.Id. at 56-57.
4. See Order dated July 23, 2015 issued by Judge Myrna V. Lim-Verano; id. at 258-260.
5.Id. at 116-117.
6.Id. at 118-119.
7.Asian Construction and Development Corporation v. Sannaedle Co., Ltd., 736 Phil. 200, 205 (2014).
8.Id. at 206, citing First Leverage and Services Group, Inc. v. Solid Builders, Inc., 690 Phil. 1, 12 (2012).
9.Rollo, p. 215. Signed by then Clerk of Court Enriqueta Esguerra-Vidal.
10.Id. at 216. Signed by Assistant Clerk of Court (now Clerk of Court-En Banc) Edgar O. Aricheta.
11. See Arvin C. Salonga v. Candy Michelle C. Salonga, G.R. No. 192508. See also rollo, pp. 51-52.