SECOND DIVISION
[G.R. No. 220173. January 20, 2021.]
SPOUSES LANIE AND ISHTIAQ HUSSAIN, petitioners, vs.SPOUSES ISMAEL AND RIZALINA PAPA AND VIOLETA F. LICUDAN, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated20 January 2021which reads as follows:
"G.R. No. 220173 (Spouses Lanie and Ishtiaq Hussain v. Spouses Ismael and Rizalina Papa and Violeta F. Licudan) — After a judicious review of the records, this Court resolves to DENY the Petition 1 for failure of petitioners to sufficiently show that the Court of Appeals (CA) committed any reversible error in its May 15, 2015 Decision 2 and August 20, 2015 Resolution 3 as to warrant the exercise of this Court's appellate jurisdiction.
After petitioners' application for a writ of preliminary injunction was denied, the foreclosure sale of the subject property covered by Transfer Certificate of Title (TCT) No. 161866 proceeded on November 17, 2010, and respondent spouses Ismael and Rizalina Papa (Spouses Papa) emerged as the winning bidder. Since petitioners failed to redeem the subject property within the one-year redemption period, ownership over the subject property was consolidated in favor of Spouses Papa. Spouses Papa became the absolute owner of the subject property. Consequently, Spouses Papa's obligation to deliver the subject TCT ceased, and petitioners are no longer entitled to the surrender of the subject TCT.
Moreover, the CA correctly ruled that petitioners are entitled to damages considering that Spouses Papa failed to comply with their obligation in the letter guarantee of BPI Family Bank wherein they signified their conformity to the terms and conditions, specifically the surrender of the subject TCT.
WHEREFORE, the petition is DENIED. The May 15, 2015 Decision and August 20, 2015 Resolution of the Court of Appeals in CA-G.R. CV No. 102269 are hereby AFFIRMED.
SO ORDERED. (Rosario, J., designated additional member per Special Order No. 2797 dated November 5, 2020, on official leave)"
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1.Rollo, pp. 10-35.
2.Id. at 37-54; penned by Associate Justice Fernanda Lampas-Peralta, with Associate Justices Stephen C. Cruz and Ramon Paul L. Hernando (now a Member of this Court), concurring.
3.Id. at 55-56.