FIRST DIVISION
[G.R. No. 240987. January 10, 2019.]
SPOUSES FRANCIS AND LOURDES BAQUIRAN, petitioners,vs. JULIET V. JIMENEZ, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJanuary 10, 2019which reads as follows:
"G.R. No. 240987 (Spouses Francis and Lourdes Baquiran v. Juliet V. Jimenez). — The petitioners' motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period; and their second motion for an extension of fifteen (15) days is DENIED, for failing to file the motion within the 15-day reglementary period under Sec. 2, Rule 45, 1997 of Civil Procedure, as amended.
The Court resolves to DISMISS the petition for having been filed out of time. The petition was originally due for filing on August 16, 2018. After the first motion for extension, wherein petitioners requested for another 30-day period to file the petition, the due date was moved to September 15, 2018. However, the second motion for extension, while permitted to be filed on September 17, 2018, the first working day (Monday) following the extended due date, which fell on a Saturday, nonetheless, erroneously reckoned the computation of the extended period to file petition on September 17, 2018, instead of September 15, 2018. As a result, the petition, which should have been filed on October 1, 2018, at the latest, was instead filed on October 2, 2018.
In any event, petitioners failed to show any reversible error on the part of the Court of Appeals in ruling that respondent has a better right of possession. Hence, the Court will not disturb its findings, which are based on the facts, the law, and relevant jurisprudence.
WHEREFORE, the petition is DISMISSED. The Decision of the Court of Appeals in CA-G.R. SP No. 134167 is AFFIRMED. Petitioners are directed to peacefully vacate the portion of the property they are occupying, covered by Transfer Certificate of Title No. NT-335017 of the Registry of Deeds of Nueva Ecija, located at Barangay San Gregorio, Cabiao, Nueva Ecija, and surrender possession thereof to respondent. Petitioners are also directed to pay respondent the amount of P1,500 per month representing the reasonable compensation for the use and occupation of the portion of the property they are occupying, reckoned from April 18, 2011 until the date that they shall have fully vacated the property. This amount shall then earn interest at a rate of 6% per annum from the finality of this resolution until full payment.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court