SECOND DIVISION
[G.R. Nos. 229699 and 229704. November 11, 2019.]
SPOUSES HENRY L. SAY AND MARY ROSE P. SAY, AND DANNY L. SAY, petitioners, vs.GABRIEL DIZON, THE HEIRS OF THE LATE FEDERICO DIZON, JR., ET AL., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated11 November 2019which reads as follows:
"G.R. Nos. 229699 and 229704 (Spouses Henry L. Say and Mary Rose P. Say, and Danny L. Say v. Gabriel Dizon, the heirs of the late Federico Dizon, Jr., et al.)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the September 22, 2016 Decision 2 and the January 25, 2017 3 and March 6, 2017 4 Resolutions of the Court of Appeals (CA) in CA-G.R. CV No. 03732-MIN and CA-G.R. SP No. 06271-MIN for failure of petitioners Spouses Henry L. Say and Mary Rose P. Say, and Danny Say (collectively, petitioners) to sufficiently show that the CA committed reversible error in reinstating the July 17, 2012 Regional Trial Court Order 5 in Civil Case No. 1263-25 and in denying their Motion for Reconsideration in Intervention. 6
At the outset, the Court notes that petitioners are not parties to Civil Case No. 1263-25 nor to CA-G.R. CV No. 03732-MIN and CA-G.R. SP No. 06271-MIN, and as such, they have no legal standing to file the instant petition. Nonetheless, the CA was correct in: (a) reinstating Civil Case No. 1263-25 and remanding it to the court a quo as it was not shown that Gabriel Dizon willfully and in bad faith committed forum shopping; 7 and (b) denying petitioners' motion for reconsideration in intervention, considering that the CA already promulgated its judgment when they moved to intervene. 8 ScHADI
In view of the denial of the main petition, the Motion for Leave of Court to Intervene in the Petition for Review on Certiorari9 filed by Gilda L. Say and Helen L. Say is likewise DENIED.
SO ORDERED. (INTING, J., on official leave. ZALAMEDA, J., designated as Additional Member per Special Order No. 2727 dated October 25, 2019.)" DACcIH
Very truly yours,
(Deputy Division Clerk of Court
Footnotes
1.Rollo, pp. 3-35.
2.Id. at 40-48. Penned by Associate Justice Maria Filomena D. Singh with Associate Justices Edgardo A. Camello and Perpetua T. Atal-Paño, concurring.
3.Id. at 136-138.
4.Id. at 237-238.
5. Not attached to the rollo.
6.Rollo, pp. 53-74.
7. See id. at 46-47.
8. See Section 2, Rule 19 of the Rules of Court. See also rollo, pp. 238-239.
9.Rollo, pp. 141-169.