SECOND DIVISION
[G.R. No. 230425. September 6, 2017.]
SPOUSES LEONARDO B. BACARAY AND LOURDES V. BACARAY, petitioners, vs.LILIA S. BACARAY AND ALL OTHERS CLAIMING RIGHTS UNDER HER, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated06 September 2017which reads as follows: HTcADC
"G.R. No. 230425 — Spouses Leonardo B. Bacaray and Lourdes V. Bacaray versus Lilia S. Bacaray and all others claiming rights under her
The requisites for a forcible entry complaint to prosper are: (a) the plaintiffs must allege their prior physical possession of the property; (b) they must assert that they were deprived of possession either by force, intimidation, threat, strategy or stealth; and, (c) the action must be filed within one (1) year from the time the owners or legal possessors learned of their deprivation of the physical possession of the property.
The trial court, as affirmed by the Regional Trial Court and the Court of Appeals (CA), had ruled that the petitioners were not able to prove prior physical possession. Thus, this Court is bound by this finding. It is a settled doctrine that factual findings of the trial court, when adopted and confirmed by the CA, are binding and conclusive upon this Court and will generally not be reviewed on appeal absent any of the exceptions laid down by jurisprudence.
The arguments raised here necessarily require a reevaluation of the parties' submissions and the CA's factual findings. Ordinarily, this course of action is proscribed in a petition for review on certiorari; that is, a Rule 45 petition resolves only questions of law, not questions of fact.
After reviewing the Petition and its annexes, including the CA Decision 1 dated November 8, 2016 and Resolution 2 dated March 2, 2017, the Court RESOLVES to DENY the instant Petition and AFFIRM the rulings of the CA in CA-G.R. SP No. 144327.
SO ORDERED.''
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 12-19. Penned by Associate Justice Romeo F. Barza, with Associates Justices Franchito N. Diamante and Agnes Reyes-Carpio concurring.
2.Id. at 21-23. Penned by Associate Justice Romeo F. Barza, with Associates Justices Franchito N. Diamante and Victoria Isabel A. Paredes concurring.