FIRST DIVISION
[G.R. No. 236423. April 23, 2018.]
SPOUSES CERELO AND DELIA GUMBAN AND SPOUSES BERNARDO AND LELIA HISUGAN, petitioners,vs. PRIMO Y. YBAÑEZ, NENITA Y. CELESTE, SOCRATES M. YBAÑEZ, NAPOLEON M. YBAÑEZ, AND FAMADOR M. YBAÑEZ, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedApril 23, 2018which reads as follows: cEaSHC
"G.R. No. 236423 — Spouses Cerelo and Delia Gumban and Spouses Bernardo and Lelia Hisugan v. Primo Y. Ybañez, Nenita Y. Celeste, Socrates M. Ybañez, Napoleon M. Ybañez, and Famador M. Ybañez
The Court resolves to DENY petitioners' Motion for Additional Time to File Appeal by Certiorari under Rule 45 of the Rules of Court for lack of an affidavit of service of the said motion to the Court of Appeals (CA) and the adverse parties as required by Section 13, 1 Rule 13 of the Rules of Court (Rules). While an affidavit of service is required merely as proof that service has been made on the other party, it is nonetheless essential to due process and the orderly administration of justice. 2
Besides, even if this Court were to grant petitioners' Motion for Additional Time, the instant petition filed on February 2, 2018 must still be dismissed for failure of the petitioners to file the same within the requested 30-day extension from January 2, 2018.
Consequently, since petitioners failed to timely file the petition for review on certiorari, the CA's Decision and Resolution became final and executory after the lapse of the 15-day reglementary period stated in Section 2, Rule 45 of the Rules.
ACCORDINGLY, the instant Petition for Review on Certiorari is hereby DENIED.
Petitioners or their authorized representative are informed to personally claim from the Cash Collection and Disbursement Division their excess payment of legal fees in the amount of P1,270.00 under Official Receipt No. 0201485-SC-EP dated January 26, 2018. HTcADC
SO ORDERED."Sereno, C.J., on leave; De Castro, J., designated as Acting Chairperson per Special Order No. 2540 dated February 28, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court
Footnotes
1. Section 13. Proof of Service. — Proof of personal service shall consist of a written admission of the party served, or the official return of the server, or the affidavit of the party serving, containing a full statement of the date, place and manner of service. If the service is by ordinary mail, proof thereof shall consist of an affidavit of the person mailing of facts showing compliance with Section 7 of this Rule. If service is made by registered mail, proof shall be made by such affidavit and the registry receipt issued by the mailing office. The registry return card shall be filed immediately upon its receipt by the sender, or in lieu thereof the unclaimed letter together with the certified or sworn copy of the notice given by the postmaster to the addressee.
2.Major v. Agro Commercial Security Service Agency, Inc., 689 Phil. 589, 598 (2012).