SECOND DIVISION
[G.R. No. 245511. June 10, 2019.]
TRAVELLER KIDS, INC., CELY L. GABALDON-CO, AND JEANNIE L. LUGMOC, petitioners, vs.PHILIPPINE BANK OF COMMUNICATIONS, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated10 June 2019which reads as follows:
"G.R. No. 245511 (Traveller Kids, Inc., Cely L. Gabaldon-Co, and Jeannie L. Lugmoc v. Philippine Bank of Communications)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the September 25, 2018 Decision 2 and the February 12, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. CV No. 110666 for failure of petitioners Traveller Kids, Inc., Cely L. Gabaldon-Co, and Jeannie L. Lugmoc to sufficiently show that the CA committed any reversible error in granting the respondent Philippine Bank of Communications' (respondent) appeal and remanding the case to the Regional Trial Court of Makati City, Branch 56 (RTC) for further proceedings. HTcADC
As correctly ruled by the CA, respondent timely complied with the September 29, 2010 RTC Order, 4 as evidenced by Official Receipt (OR) No. 0720830 dated October 21, 2010. 5 Having been issued by a public officer in the performance of official duties, the OR is deemed a public document, and hence, prima facie evidence of the facts stated therein. 6 It is well-settled that only errors of law and not of facts are reviewable by this Court in cases brought to it from the CA under Rule 45 of the Rules of Court. 7 While there are recognized exceptions to such rule, 8 none of which obtain in this case.
SO ORDERED. (REYES, J., JR., J., on leave.)"
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 12-38.
2.Id. at 43-53. Penned by Associate Justice Remedios A. Salazar-Fernando with Associate Justices Franchito N. Diamante and Ma. Luisa Quijano-Padilla, concurring.
3.Id. at 55-57.
4.Id. at 103. Signed by Pairing Judge Honorio E. Guanlao, Jr.
5. See rollo, p. 49.
6. See People v. Abella, 778 Phil. 747, 758-759 (2016). See also rollo, p. 51.
7.Joaquino v. Reyes, 478 Phil. 343, 357 (2004).
8.Pastor v. Philippine National Bank, 461 Phil. 789, 806-807 (2003).