FIRST DIVISION
[G.R. No. 236766. April 23, 2018.]
SPOUSES SAMSON V. ONG AND ROSALIA CALDERON, petitioners,vs. JOSEFINA C. TIO AND CATALINA C. TIO, REPRESENTED BY ATTORNEYS-IN-FACT, ATTY. MA. LUX T. BERCILES AND/OR SALUSTINA C. CEDENO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedApril 23, 2018which reads as follows: SCaITA
"G.R. No. 236766 — Spouses Samson V. Ong and Rosalia Calderon vs. Josefina C. Tio and Catalina C. Tio, represented by Attorneys-in-fact, Atty. Ma. Lux T. Berciles and/or Salustina C. Cedeno
The Motion for Extension of Time filed by the petitioners seeking an additional period of 30 days from the expiration of the reglementary period on February 7, 2018 within which to file their Petition for Review on Certiorari is hereby GRANTED.
Considering the allegations, issues, and arguments adduced in the instant Petition for Review on Certiorari filed under Rule 45 of the Rules of Court, the Court resolves to DENY the same for failure to show that the Court of Appeals in CA-G.R. CV No. 05481-CEB committed any reversible error and for raising only questions of fact and not questions of law.
The issue of the existence of trust presented by the petitioners can be determined through a thorough evaluation and appreciation of the evidence presented before the lower courts. Upon weighing all the evidence before them, both courts concluded that no implied trust existed. With their uniform conclusion after a determination of the probative value of the evidence before them, this Court is not bound to re-examine the facts and evidence all over again as this is not within the province of a Rule 45 Petition.
ACCORDINGLY, the Court hereby resolves to AFFIRM the assailed August 1, 2017 Decision and December 6, 2017 Resolution of the Court of Appeals in CA-G.R. CV No. 05481-CEB.
SO ORDERED."Sereno, C.J., on leave; De Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2540 dated February 28, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court