SECOND DIVISION
[G.R. No. 243223. February 4, 2019.]
ARMENIA F. SURAVILLA, petitioner, vs. BANCO DE ORO UNIBANK, INC., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 04 February 2019which reads as follows:
"G.R. No. 243223 (Armenia F. Suravilla v. Banco De Oro Unibank, Inc.)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the June 11, 2018 Decision 2 and the November 12, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 151042 for failure of petitioner Armenia F. Suravilla (petitioner) to sufficiently show that the CA committed any reversible error in upholding the dismissal of her claim for insufficiency of evidence.
As correctly ruled by the CA, the records, as well as the Metropolitan Trial Court's (MeTC) Decision 4 itself, show that the MeTC did not misapprehend the facts in denying petitioner's claim for unauthorized deductions. 5 On the other hand, respondent Banco de Oro Unibank, Inc. adduced more than enough evidence to prove not only petitioner's ownership of the credit cards and her outstanding liabilities, but also its own right to deduct such liabilities from her separation benefits. 6 Thus, there is no basis at all to say that the MeTC committed grave abuse of discretion. As a result, the CA was correct in upholding the Regional Trial Court's conclusion that certiorari will not lie in the present case.
SO ORDERED." (HERNANDO, J., designated Additional Member per Special Order Nos. 2629 and 2630 dated December 18, 2018. REYES, J., JR., J., on official leave.)
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 17-33.
2.Id. at 39-45. Penned by Associate Justice Germano Francisco D. Legaspi with Associate Justices Ramon R. Garcia and Myra V. Garcia-Fernandez, concurring.
3.Id. at 47-48.
4. Dated September 19, 2016, penned by Presiding Judge Alberto N. Azarcon III, id. at 206-208.
5. See id. 42-A.
6. See id. at 44.