FIRST DIVISION
[G.R. No. 234328. November 22, 2017.]
SPOUSES ARNOLD AND LYNETTE TUAZON, petitioners,vs. FERNANDO B. LIM, JR., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedNovember 22, 2017, which reads as follows: AIDSTE
"G.R. No. 234328 (Spouses Arnold and Lynette Tuazon v. Fernando B. Lim, Jr.). — The Court resolves to DENY the petition for failure of petitioners to show any reversible error in the assailed ruling. As correctly held by the Court of Appeals (CA), the issue in this case is whether petitioners should be ejected from the property for their failure to pay their monthly rentals to respondent. The record shows that petitioners were paying their monthly rentals since August 2013 not to respondent, the registered owner of the property, but to Ester Cuevas, the former owner of the property. Pursuant to Articles 440, 441, and 442 of the New Civil Code, rent is a civil fruit that belongs to the owner of the property. Since respondent and his sister are the new owners of the property, the rentals should accrue to them. In fact, petitioners had recognized them as their new lessors way back in November 2012, when they remitted rentals to them through their mother, Sonia Lim. Petitioners cannot now be permitted to raise as a defense for non-payment of rentals that Ester Cuevas is the real owner of the property.
WHEREFORE, premises considered, the petition is DENIED. The May 26, 2017 Decision and September 13, 2017 Resolution of the CA in CA-G.R. SP No. 147071 are AFFIRMED with the MODIFICATION that petitioners are ordered to pay the rentals-in-arrears, as well as the rentals accruing in the interim until they vacate the property. The unpaid rentals shall earn legal interest of 6% per annum from November 20, 2013, when the demand to pay and vacate was made, up to the finality of this Resolution. Thereafter, an interest of 6% per annum shall be imposed on the total amount due until full payment is made.
SO ORDERED."
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court