FIRST DIVISION
[G.R. No. 241987. February 4, 2019.][Formerly UDK-16274]
SPOUSES FELIMON ALTURA [HEREIN SUBSTITUTED BY HIS HEIRS EVELYN ALTURA AND LORD ALLAN A. ALTURA II] AND TOMASA ARANCEL-ALTURA; AND CRISTY A. FERNANDO, petitioners,vs. LUZ RUBIA, FELIMON DELA TORRE, VINCETO DELA TORRE, JUANITO DELA TORRE, DARWIN DELA TORRE, RICARDO DELA TORRE AND ALVARO DELA TORRE, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated February 4, 2019 which reads as follows:
"G.R. No. 241987 [Formerly UDK-16274] — (Spouses Felimon Altura [herein substituted by his heirs Evelyn Altura and Lord Allan A. Altura II] and Tomasa Arancel-Altura; and Cristy A. Fernando v. Luz Rubia, Felimon Dela Torre, Vinceto Dela Torre, Juanito Dela Torre, Darwin Dela Torre, Ricardo Dela Torre and Alvaro Dela Torre)
After review of the records, the Court resolves to DENY the petition for (i) failure to accompany the petition with a clearly legible duplicate original and/or a certified true copy of the judgment and resolution of the Court of Appeals (CA) under Section 4, Rule 45 of the Rules of Court; and (ii) failure to sufficiently show that the CA committed any reversible error in its November 17, 2017 Decision 1 and July 10, 2018 Resolution, 2 as to warrant the exercise of the Court's appellate jurisdiction.
As correctly ruled by the CA, the transfer of property from Luz Rubia (Rubia) to petitioners was tainted with fraud. Petitioners made it appear that Rubia was only transferring 540 square meters of her property, when in fact, the several documents they made her sign covered 3,744 square meters. Moreover, it was also proven that the deed of sale to Spouses Dognidon was not valid because no consideration was paid therefor. There is also no merit in petitioners' contention that the action for annulment of title and reconveyance had prescribed.
WHEREFORE, the petition is DENIED. The November 17, 2017 Decision and the July 10, 2018 Resolution of the Court of Appeals in CA-G.R. CV. No. 102105 are AFFIRMED.
The petitioners are hereby required to SUBMIT within five (5) days from notice hereof, a verified declaration of the signed petition for review on certiorari pursuant to A.M. Nos. 10-3-7-SC and 11-9-4-SC.
SO ORDERED." Del Castillo, J., official on leave; Jardeleza, J., designated as Acting Working Chairperson of the First Division per Special Order No. 2636 dated January 31, 2019.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 87-111; penned by Associate Justice Carmelita Salandanan Manahan, with Associate Justices Fernanda Lampas Peralta and Elihu A. Ybañez, concurring.
2.Id. at 113-114.