FIRST DIVISION
[G.R. No. 215636. March 11, 2015.]
SPOUSES DALMACIO C. DAYANGHIRANG AND ZENAIDA M. DAYANGHIRANG, petitioners, vs. SONNY GORON, ZOCIMA PUNZALAN, DOLORES GOLES, AND GINA TOLEDO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated March 11, 2015which reads as follows:
"G.R. No. 215636(Spouses Dalmacio C. Dayanghirang and Zenaida M. Dayanghirang v. Sonny Goron, Zocima Punzalan, Dolores Goles, and Gina Toledo). — 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.
After a judicious review of the records, the Court resolves to DENY the instant petition and AFFIRM the August 19, 2014 Decision 1 and December 2, 2014 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 124942 as the CA's Decision and Resolution had already attained finality.
As correctly ruled by the CA, Spouses Dalmacio C. Dayanghirang and Zenaida M. Dayanghirang (petitioners-spouses) received a copy of its Decision on September 4, 2014, hence, they had fifteen (15) days or until September 19, 2014 to file their motion for reconsideration. However, petitioners-spouses filed the same only on September 25, 2014, in violation of Section 1, Rule 52 3 of the Rules of Court (Rules). It is well-settled that a judgment that has attained finality and immutability can no longer be modified to correct any erroneous conclusion of fact or law, 4 as in this case.
SO ORDERED." aSAHCE
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court
Footnotes
1. Rollo, pp. 51-58. Penned by Associate Justice Ricardo R. Rosario with Associate Justices Rebecca de Guia-Salvador and Leoncia Real-Dimagiba, concurring.
2. Id. at 60-61.
3. Section 1, Rule 52 of the Rules provides:
SEC. 1. Period for filing. — A party may file a motion for reconsideration of a judgment or final resolution within fifteen (15) days from notice thereof, with proof of service on the adverse party.
4. Pinausukan Seafood House, Roxas Boulevard, Inc. v. Far East Bank and Trust Company (now Bank of the Philippine Islands), G.R. No. 159926, January 20, 2014.