FIRST DIVISION
[G.R. No. 236669. June 11, 2018.]
SERAFIN TAMAYO, petitioner,vs. ALEJANDRO RAMON P. DIMALANTA AND RACQUEL P. DIMALANTA, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 11, 2018which reads as follows: IDSEAH
"G.R. No. 236669 (Serafin Tamayo v. Alejandro Ramon P. Dimalanta and Racquel P. Dimalanta). — After review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals committed any reversible error in its assailed Decision. Said Decision affirmed the trial court's finding of merit in granting the prayer for petitioner's surrender of the owner's duplicate copy of Transfer Certificate Title No. N-179654 and the issuance of a new one in the names of the respondents, as well as its finding of the unavailability of intervention as a remedy for petitioner, subsequent to the rendering of a decision on the case. Section 2, Rule 19 of the Rules of Court is clear as to the opportune time for intervention which is at any time before rendition of judgment by the trial court. Motions for intervention not seasonably filed either before or during trial must be denied. 1 Anent the other corollary issues raised in the petition, this Court has consistently adhered to the principle that only questions of law, distinctly set forth, may be raised in a petition for review on certiorari of a decision of the Court of Appeals, as the Supreme Court is not a trier of facts.
WHEREFORE, premises considered, the petition is DENIED. The assailed Decision dated July 7, 2017 and Resolution dated January 12, 2018 of the Court of Appeals in CA-G.R. CV No. 100964 are hereby AFFIRMED.
The petitioner's counsel is hereby DIRECTED to SUBMIT within five (5) days from notice hereof, his IBP O.R. Number and PTR Number showing proof of payment of IBP dues and professional tax for the current year as required under Bar Matter No. 1132.
SO ORDERED." Leonardo-de Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Tijam, J., on official leave; Gesmundo, J., designated as Acting Member per Special Order No. 2560 dated May 11, 2018. aCIHcD
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1. See Natalia Realty, Inc. v. Court of Appeals, G.R. No. 126462, November 12, 2002, 391 SCRA 370.