FIRST DIVISION
[G.R. No. 241771. November 21, 2018.]
MARIA FE S. TIZON, petitioner, vs.AIDA A. LUGAYAN, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated November 21, 2018which reads as follows:
"G.R. No. 241771 — Maria Fe S. Tizon, Petitioner, v. Aida A. Lugayan, Respondent.
Considering the allegations, arguments, and issues raised, the Petition for Review on Certiorari is DENIED for failure to sufficiently show any reversible error in the assailed Decision and Resolution of the Court of Appeals (CA) as to warrant the exercise of this Court's discretionary appellate jurisdiction.
The CA aptly stated that:
The rule is well-settled that where there is want of jurisdiction x x x, the judgment is rendered null and void. A void judgment is in legal effect no judgment, by which no rights are divested, from which no right can be obtained, which neither binds nor bars any one, and under which all acts performed and all claims flowing out are void. It is not a decision in contemplation of law and, hence, it can never become executory. 1
Hence, in this case, the writ of execution which stemmed from the null and void judgment of the Metropolitan Trial Court was likewise void. The CA, therefore, correctly affirmed the ruling of the Regional Trial Court that respondent is entitled to recover her parcel of land levied by virtue of the said writ.
ACCORDINGLY, the Court resolves to AFFIRM the assailed January 15, 2018 2 Decision and August 29, 2018 3 Resolution of the Court of Appeals in CA-G.R. CV No. 106343. CAIHTE
SO ORDERED." Bersamin, J., designated as Acting Chairperson per Special Order No. 2606 dated October 10, 2018; Gesmundo, J., designated as Additional Member per Special Order No. 2607 dated October 10, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, p. 32.
2.Id. at 20-34; penned by Associate Justice Elihu A. Ybañez and concurred in by Associate Justices Jose C. Reyes, Jr. (now a member of this Court) and Pedro B. Corales.
3.Id. at 36-38.