SECOND DIVISION
[G.R. No. 203394. April 1, 2013.]
EDWIN S. SERAON and RUFINO SERAON, JR., petitioners, vs. ERNESTO S. ABALOS, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, * issued a Resolution dated 01 April 2013 which reads as follows:
G.R. No. 203394 (Edwin S. Seraon and Rufino Seraon, Jr. v. Ernesto S. Abalos). — We resolve the petitioner's motion for reconsideration of the November 26, 2012 resolution denying their petition for review on certiorari for failure to sufficiently show any reversible error in the Court of Appeals' decision to warrant the exercise of the Court's discretionary appellate jurisdiction.
The petitioners reiterate that that acquisitive prescription had set in their favor since they have been in possession of the occupied portion since the 1970s; the prior judgment in the ejectment case bars the subsequent action to quiet title. ICTacD
We find no sound and substantial reason to reconsider our Novenmber 26, 2012 resolution.
The issues and the discussions raised in the petitioner's motion are mere rehashes of the arguments already raised and considered in our resolution on the petition. A further discussion of these issues would not serve any useful purpose; it would simply be a repetition of the justifications and reasons taken up in the outright dismissal of the petition.
We reiterate that the petitioners belatedly raised the issue of acquisitive prescription which, if considered, would be a blatant disregard of the basic principles of fair play, justice and due process. At any rate, even if we consider this argument, no evidence on record supports the petitioners' alleged length of possession. The prior judgment in the ejectment case did not bar the subsequent action to quiet title since the ejectment case involved only possession and did not bind the title or affect ownership of the land.
WHEREFORE, the motion for reconsideration is DENIED WITH FINALITY. No further pleadings shall be entertained. Let entry of judgment be made in due course.
SO ORDERED. TCIDSa
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
*Associate Justice Presbitero J. Velasco, Jr. was designated as Acting Member in lieu of Associate Justice Estela M. Perlas-Bernabe, per Special Order No. 1437 dated March 25, 2013.