FIRST DIVISION
[G.R. No. 236399. April 16, 2018.]
ZENAIDA D. SANGLAY, ET AL., petitioners, vs.TOMASA DIAZ-FAMERO AS SUBSTITUTED BY JOSE A. DIAZ, JOSE A. DIAZ, JR., AND AMY DIAZ NOLASCO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedApril 16, 2018which reads as follows:
"G.R. No. 236399(Zenaida D. Sanglay, et al. v. Tomasa Diaz-Famero as substituted by Jose A. Diaz, Jose A. Diaz, Jr., and Amy Diaz Nolasco). — After review of the records, the Court resolves to DENY this petition for review on certiorari for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error.
The CA correctly ruled that respondents should be deemed as the preferred possessors since they and their predecessors-in-interest have been paying for the taxes due on the subject land for a longer period as compared to petitioners. The CA concluded that petitioners' possession of the portion of the subject property is merely based on tolerance of respondents' predecessor-in-interest.
The Court finds no reason to disturb the findings of the CA. The Decisions of the Regional Trial Court and the CA must, therefore, be sustained.
WHEREFORE, the petition is DENIED. The assailed Decision dated June 5, 2017 and Resolution dated December 8, 2017 of the Court of Appeals in CA-G.R. CV No. 106046 are AFFIRMED.
The Cash Collection and Disbursement Division is DIRECTED to RETURN to the petitioners the excess payment for the legal fees in the amount of P470.00 under O.R. No. 0201340-SC-EP dated January 25, 2018.
SO ORDERED." (Sereno, C.J., on leave;De Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2540 dated February 28, 2018.) CAIHTE
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court