SECOND DIVISION
[G.R. No. 257794. December 6, 2021.]
THE MANILA SOUTHWOODS GOLF AND COUNTRY CLUB, INC., ROBERT JOHN L. SOBREPEÑA, EDWARD E. DY, RAFAEL PEREZ DE TAGLE, DANIEL C. SAMANIEGO, ENRIQUE A. SOBREPEÑA, AND ALFREDO M. MENDOZA, petitioners, vs. JAIME V. GOSIACO AND HANSON G. SO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated06 December 2021 which reads as follows:
"G.R. No. 257794 (The Manila Southwoods Golf and Country Club, Inc., Robert John L. Sobrepeña, Edward E. Dy, Rafael Perez de Tagle, Daniel C. Samaniego, Enrique A. Sobrepeña, and Alfredo M. Mendoza v. Jaime V. Gosiaco and Hanson G. So). — After a judicious study of the case, the Court resolves to DENY the present petition 1 and AFFIRM the Decision 2 dated October 14, 2020 and the Resolution 3 dated July 8, 2021 of the Court of Appeals (CA) in CA-G.R. SP Nos. 146875 and 148552 for failure of petitioner The Manila Southwoods Golf and Country Club, Inc. (petitioner) to sufficiently show that the CA committed any reversible error in affirming the entitlement of respondents Jaime V. Gosiaco and Hanson G. So (respondents) to nominal damages.
As correctly ruled by the CA, respondents' silence during the miting de avance while Jose Mari M. Antuñez berated the Nomination and Election Committee Secretary Marisse Agustin 4 can hardly be considered as a serious or prejudicial act against petitioner, or a conduct that is disorderly or injurious to the interests or repugnant to the objectives of the club; as such, their suspensions are unwarranted. 5 It is settled that absent any of the exceptions provided under case law, factual findings of the trial court, as affirmed by the CA, are binding and conclusive on the Court, 6 as in this case.
SO ORDERED. (Gaerlan and Dimaampao, JJ., on Official Leave)."
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1. See Petition for Review on Certiorari dated August 27, 2021; rollo, volume I, pp. 3-27.
2.Id. at 37-52. Penned by Associate Justice Perpetua Susana T. Atal-Paño with Associate Justices Ramon A. Cruz and Alfredo D. Ampuan, concurring.
3.Id. at 54-56.
4.Id. at 7. See also id. at 40.
5.Id. at 45-46.
6.See Salas, Jr. v. Aguila, 718 Phil. 274, 283 (2013), citing Land Bank of the Philippines v. Poblete, 704 Phil. 610, 620 (2013).