SECOND DIVISION
[G.R. No. 233632. November 20, 2017.]
SPOUSES SINANDO G. MARTIN AND ZENAIDA S. MARTIN, petitioners,vs. OCTAVIO MARASIGAN, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated20 November 2017which reads as follows: AIDSTE
"G.R. No. 233632 (Spouses Sinando G. Martin and Zenaida S. Martin v. Octavio Marasigan)
After a judicious study of the case, the Court resolves to DENY the instant petition and AFFIRM the February 3, 2017 Decision 1 and August 17, 2017 Resolution 2 of the Court of Appeals (CA) in CA-G.R. CV No. 103209 for failure of petitioners Spouses Sinando G. Martin and Zenaida S. Martin (petitioners) to sufficiently show that the CA committed any reversible error in dismissing their complaint for cancellation of respondent Octavio Marasigan's (respondent) titles over the subject properties.
As correctly ruled by the CA, petitioners failed to show that fraud was committed in the issuance of respondent's titles, considering that the documents submitted, i.e., the Kasunduang Pag-aayos dated October 15, 2002 and the Deed of Absolute Sale dated July 16, 2002, clearly established that respondent purchased the property from petitioners and consequently, acquired the titles thereto. It is settled that fraud, as a ground for cancellation of title, must be proven by clear and convincing evidence, 3 which was not met in this case.
SO ORDERED. (REYES, JR., J., on official leave)"
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 34-40. Penned by Associate Justice Francisco P. Acosta with Associate Justices Noel Gimenez Tijam (now member of this Court) and Eduardo B. Peralta, Jr. concurring.
2.Id. at 44-45. Penned by Associate Justice Eduardo B. Peralta, Jr. with Associate Justices Priscilla J. Baltazar-Padilla and Pedro B. Corales concurring.
3.Datu Sampaco v. Lantud, 669 Phil. 304, 318 (2011).