July 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 196782 : July 20, 2011]
ANGELITA A. VISCA, ET AL. VS. CREEKSITE HOMEOWNERS ASSOCIATION, INC.
G.R. No. 196782 (Angelita A. Visca, et al. vs. Creeksite Homeowners Association, Inc.)
RESOLUTION
After review of the records, the Court resolves to DENY the petition, there being no reversible error by the Court of Appeals in affirming the Decision dated January 18, 2008 of the Regional Trial Court of Para�aque City to uphold the grant of the complaint for unlawful detainer in favor of respondent Creeksite Homeowners Association, Inc. since it was able to prove a superior right to possess the subject property. The CA also correctly held that the propriety of petitioners' exclusion from the master list of beneficiaries and removal from the Community Mortgage Program must be threshed out in separate proceedings.
In view of the denial of the motion for extension, the petition is filed late. The petition also lacks a statement of material dates of receipt of the assailed decision and filing of the motion for reconsideration and has a defective verification as it was based on petitioners' knowledge and belief. These constitute grounds for denial of the petition.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court