SECOND DIVISION
[G.R. No. 241061. April 10, 2019.]
SPS. ALBERTO AND EVELYN HABLA, petitioners, vs.SITIO KABATUHAN COMPOUND I HOMEOWNER'S ASSOCIATION, INC., REPRESENTED BY ITS PRESIDENT, APOLINARIO G. ACEBUCHE, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated10 April 2019which reads as follows:
"G.R. No. 241061 — Sps. Alberto and Evelyn Habla versus Sitio Kabatuhan Compound I Homeowner's Association, Inc., represented by its President, Apolinario G. Acebuche
After reviewing the Petition and its annexes, inclusive of the Court of Appeals (CA) Decision 1 dated November 29, 2017 and Resolution 2 dated July 30, 2018 in CA-G.R. SP No. 148345, the Court resolves to DENY the Petition and AFFIRM the Decision and Resolution of the CA since the petitioners failed to sufficiently show that the CA committed any reversible error in the assailed Decision and Resolution as to warrant the exercise of this Court's discretionary appellate jurisdiction.
The CA affirmed the Regional Trial Court's (RTC) ruling which dismissed the appeal of herein petitioners for failure to file a memorandum due to the death of their counsel. The CA held that the RTC simply acted in accordance with the mandate of the rules and that it cannot grant petitioners' request for a relaxation of the rules. This Court also notes that the new allegations raised by petitioners which were not presented before the RTC cannot be raised for the first time on appeal.
SO ORDERED. (PERLAS-BERNABE, J., on leave)"
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 50-61. Penned by Associate Justice Elihu A. Ybañez, with Associate Justices Fernanda Lampas Peralta and Carmelita Salandanan Manahan concurring.
2.Id. at 62-63.