SPECIAL THIRD DIVISION
G.R. No. 167838, April 20, 2016
JOSE V. TOLEDO, GLENN PADIERNOS AND DANILO PADIERNOS, Petitioners, v. COURT OF APPEALS, LOURDES RAMOS, ENRIQUE RAMOS, ANTONIO RAMOS, MILAGROS RAMOS AND ANGELITA RAMOS AS HEIRS OF SOCORRO RAMOS, GUILLERMO PABLO, PRIMITIVA CRUZ AND A.R.C. MARKETING CORPORATION, REPRESENTED BY ITS PRESIDENT, ALBERTO C. DY, Respondent.
R E S O L U T I O N
JARDELEZA, J.:
On August 5, 2015, the Court rendered a Decision granting petitioners Jose Toledo, Glenn Padiernos and Danilo Padiernos' petition for review on certiorari. The dispositive portion of the Decision reads:
chanRoblesvirtualLawlibrary
WHEREFORE, we GRANT the petition and SET ASIDE the assailed Decision and Resolution of the Court of Appeals dated October 22, 2004 and April 13, 2005, respectively, in CA G.R. SP No. 73670. Judgment is hereby rendered declaring petitioners the owners of Lot 4, Block 2, Ilang-Ilang Street, Sunrise Hills Subdivision, Quezon City presently covered by Transfer Certificate of Title [TCT] No. RT-17876/(242918). The Register of Deeds of Quezon City is hereby ordered to:On October 1, 2015, a motion was filed seeking for the reconsideration of this Court's Decision.2 Since this case involved a determination of the correctness of the trial court's Order dated June 17, 2002 granting its motion to dismiss Civil Case No. Q-97-30738,3 respondent ARC Marketing Corporation (ARC Marketing) posits that a reversal of such grant would consequently cause only a remand of the case to the court of origin.4
(a) CANCEL TCT No. RT-17876 (242918) in the name of ARC Marketing Corporation; and (b) ISSUE a Transfer Certificate of Title in the name of petitioners Jose V. Toledo, Glenn Padiernos and Danilo Padiemos.
SO ORDERED.1ChanRoblesVirtualawlibrary
WHEREFORE, we GRANT the petition and SET ASIDE the assailed Decision and Resolution of the Court of Appeals dated October 22, 2004 and April 13, 2005, respectively, in CA G.R. SP No. 73670. Civil Case No. Q-97-30738 is REMANDED to the court of origin which is DIRECTED to resolve the case with dispatch.SO ORDERED.
Endnotes:
1Rollo, pp. 1029-1030.
2Id. at 1033-1040.
3Id. at 1016-1017.
4Id. at 1034.
5 Decision, id. at 1024.
6Rotairo v. Alcantara, G.R. No. 173632, September 29, 2014, 736 SCRA 584, 591 citing Peralta v. Heirs of Bernardina Abalon, G.R. Nos. 183448 & 183464, June 30, 2014, 727 SCRA 477, 500.
7Peralta v. Heirs of Bernardina Abalon, G.R. Nos. 183448 & 183464, June 30, 2014, 727 SCRA 477, 500-501.