FIRST DIVISION
[G.R. No. 241984. January 30, 2019.]
VISAYAN SURETY & INSURANCE CORP., REPRESENTED BY ITS MANILA BRANCH MANAGER, ANTHONY T. WONGAIHAM, petitioner,vs. LUCAS MANAGUELOD, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated January 30, 2019 which reads as follows:
"G.R. No. 241984 (Visayan Surety & Insurance Corp., represented by its Manila Branch Manager, Anthony T. Wongaiham v. Lucas Managuelod). — The motion for extension of time to file a petition for review on certiorari dated October 3, 2018 is GRANTED.
After review, the Court resolves to DENY the petition and AFFIRM the Court of Appeals (CA) Decision dated January 17, 2018 and Resolution dated September 12, 2018 in CA-G.R. SP No. 149045 for failure to sufficiently show that the CA committed any reversible error in dismissing the complaint for collection of sum of money with damages against respondent Lucas M. Managuelod on the ground of lack of cause of action.
As correctly held by the CA, there is no proof, much less an allegation, that Visayan Surety & Insurance Corp. had initially demanded payment and reimbursement from Newfield, Inc. As a guarantor, respondent cannot be obliged to pay Visayan Surety & Insurance Corp. unless it had already resorted to all remedies against Newfield, Inc. as the principal debtor.
WHEREFORE, the petition is DENIED. The Decision dated January 17, 2018 and Resolution dated September 12, 2018 in CA-G.R. SP No. 149045 are AFFIRMED.
The respondent's comment on the petition for review on certiorari, praying that the petition be dismissed outright for failure of the petitioner to comply with the requirements of Rule 45 of the Rules of Court, is NOTED.
SO ORDERED." Reyes, Jr., Andres, J., designated as Additional Member of the First Division in lieu of Carandang, J., per Raffle dated January 16, 2019.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court