SECOND DIVISION
[G.R. No. 241930. April 10, 2019.]
SOTERO U. SOLIBAGA, petitioner, vs.HEIRS OF SOLEDAD M. REGULAR, NAMELY: MANUEL M. REGULAR, JR., ANTONIO M. REGULAR, ROGELIO M. REGULAR, DEBORAH R. TAMBAGO, AND ERNA M. REGULAR, REPRESENTED BY DEBORAH R. TAMBAGO, ATTORNEY-IN-FACT, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated10 April 2019which reads as follows:
"G.R. No. 241930 — Sotero U. Solibaga versus Heirs of Soledad M. Regular, namely: Manuel M. Regular, Jr., Antonio M. Regular, Rogelio M. Regular, Deborah R. Tambago, and Erna M. Regular, represented by Deborah R. Tambago, attorney-in-fact
After reviewing the Petition and its annexes, inclusive of the Court of Appeals (CA) Decision 1 dated March 22, 2017 and Resolution 2 dated August 22, 2018 in CA-G.R. SP No. 135805, the Court resolves to DENY the Petition and AFFIRM the Decision and Resolution of the CA since the petitioner failed to sufficiently show that the CA committed any reversible error in the assailed Decision and Resolution as to warrant the exercise of this Court's discretionary appellate jurisdiction.
The CA agreed with the ruling 3 of the Department of Agrarian Reform Adjudication Board (DARAB) which affirmed the Decision of the Provincial Adjudicator with modification by terminating the tenancy relationship due to non-payment of rentals and ordering petitioner to vacate the subject land. The CA held that petitioner failed to present sufficient proof to support his ownership of the subject land, and that he admitted in his pleadings filed before the DARAB that he had been paying rentals to the respondents, thus negating his claim of ownership thereof. On the other hand, the respondents were able to prove that they are the owners of the subject land, through presentation of copies of tax declaration and realty tax payments covering the same, and that a tenancy relationship exists between them and the petitioner.
SO ORDERED. (PERLAS-BERNABE, J., on leave)"
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 18-25. Penned by Associate Justice Maria Elisa Sempio Diy, with Associate Justices Mariflor P. Punzalan Castillo and Florito S. Macalino concurring.
2.Id. at 34-36. Penned by Associate Justice Maria Elisa Sempio Diy, with Associate Justices Mariflor P. Punzalan Castillo and Ramon A. Cruz concurring.
3. See DARAB Decision dated November 29, 2013 in DARAB Case No. 17342; id. at 26-33.