SECOND DIVISION
[G.R. No. 241704. November 5, 2018.]
CATALINA VILLAMOR, ALEXANDER VILLAMOR, ANTONIO VILLAMOR, RUFO VILLAMOR, MARIA V. CAÑEDO, ALEJANDRA V. ESCABAS, AND REGINA V. LOBO, petitioners, vs.SPOUSES JOSE PINILI AND CRESENCIA PINILI, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated05 November 2018which reads as follows:
"G.R. No. 241704 (Catalina Villamor, Alexander Villamor, Antonio Villamor, Rufo Villamor, Maria V. Cañedo, Alejandra V. Escabas, and Regina V. Lobo v. Spouses Jose Pinili and Cresencia Pinili)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the July 31, 2018 Decision 2 of the Court of Appeals (CA) in CA-G.R. CV No. 05828 for failure of petitioners Catalina Villamor, Alexander Villamor, Antonio Villamor, Rufo Villamor, Maria V. Cañedo, Alejandra V. Escabas, and Regina V. Lobo (petitioners) to sufficiently show that the CA committed any reversible error in ruling that: (a) there was no ground for Regional Trial Court of Toledo City, Cebu, Branch 29 (RTC) Presiding Judge Ruben F. Altubar's (Judge Altubar) mandatory inhibition; and (b) the Deed of Absolute Sale 3 dated February 20, 1983 was not simulated.
As correctly ruled by the CA, there was no ground for Judge Altubar's mandatory inhibition. 4 Moreover, petitioners did not timely file a proper motion for inhibition before him, and thus, are considered to have waived it. 5 As regards the validity of the Deed of Absolute Sale, petitioners failed to prove by preponderance of evidence that it was simulated. 6 Settled is the rule in civil cases that one who alleges a fact has the burden of proving it and a mere allegation is not evidence, 7 as in this case. Finally, factual findings of the trial courts, when affirmed by the CA, are generally deemed final and conclusive, 8 save for exceptional circumstances, 9 none of which are obtaining in this case. AHCETa
SO ORDERED." (REYES, J., JR., J., designated Additional Member per Special Order No. 2587 dated August 28, 2018; on official leave.)
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of CourtBy:TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 14-34.
2.Id. at 35-51. Penned by Associate Justice Pamela Ann Abella Maxino with Associate Justices Louis P. Acosta and Dorothy Montejo-Gonzaga, concurring.
3. Not attached to the rollo.
4. See rollo, pp. 41-42.
5. See id. at 44.
6. See id. at 50.
7.Lavarez v. Guevarra, G.R. No. 206103, March 29, 2017, 822 SCRA 130, 136.
8. See International Academy of Management and Economics (I/AME) v. Litton and Company, Inc., G.R. No. 191525, December 13, 2017, citing Lorenzana v. Lelina, 736 Phil. 271, 280 (2016).
9. See Pascual v. Burgos, 776 Phil. 167, 182-183 (2016).