THIRD DIVISION
[G.R. No. 261335. August 24, 2022.]
SPS. JUANILLO SANCHEZ and HELEN GRACE SANCHEZ, petitioners, vs.HEIRS OF JUAN SANCHEZ, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedAugust 24, 2022, which reads as follows: HTcADC
"G.R. No. 261335 (SPS. JUANILLO SANCHEZ AND HELEN GRACE SANCHEZ, Petitioners, v. HEIRS OF JUAN SANCHEZ, Respondents). — The Court INFORMS petitioners that they or their authorized representative may claim from the Cash Disbursement and Collection Division of this Court the excess payment of the prescribed legal fees in the amount of P470.00 under O.R. No. 340229 dated July 7, 2022.
The Court resolves to AFFIRM the Decision, dated 19 May 2021, and Resolution, dated 1 March 2022, of the Court of Appeals, in CA-G.R. SP No. 08922, which dismissed the Petition for Certiorari, dated 16 December 2014, and Motion for Reconsideration, dated 5 July 2021, respectively, of petitioners Spouses Juanillo and Helen Grace Sanchez (Spouses Sanchez).
The issue in this Petition for Review on Certiorari under Rule 45 of the Rules of Court is the propriety of the issuance by Judge James Stewart Ramon E. Malaloan (Judge Malaloan) of the Regional Trial Court of Cebu City, Branch 24, of the Order, dated 15 September 2014, and Omnibus Order, dated 22 October 2014, which effectively dismissed Spouses Sanchez's Third Party Claim. Spouses Sanchez clearly failed to discharge their burden of proving that the assailed orders are tainted with grave abuse of discretion, or that Judge Malaloan displayed a "capricious or whimsical exercise of judgment as is equivalent to lack of jurisdiction." Absent clear evidence showing that Judge Malaloan exercised his power in an arbitrary and despotic manner, the Petition must fail.
Therefore, the Court affirms the Decision and Resolution issued by the Court of Appeals, finding that Judge Malaloan did not commit grave abuse of discretion amounting to lack or excess of jurisdiction when he issued the Order, dated 15 September 2014, and Omnibus Order, dated 22 October 2014.
On the issue of payment of docket fees, the Court deems it proper to return to Spouses Sanchez the excess docket fees amounting to Four Hundred Seventy Pesos (P470.00).
SO ORDERED."
By authority of the Court:
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court