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[ G.R. No. 136984. April 12, 1999]

ZALDY MABANGLO, et al. vs. SPS. JOSE & CARMEN LLORCA.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated APR 12, 1999.

G.R. No. 136984 (Zaldy Mabanglo, et al vs. Spouses Jose and Carmen Llorca.)

The Court RESOLVES to DENY the petition for review on certiorari with prayer for restraining order and/or preliminary injunction for:

(a) petitioners' error in the choice of remedy or mode of appeal, in accordance with Section 5(f), Rule 56 of the 1997 Rules of Civil Procedure, as amended;

(b) wrong choice of forum, the case not being appealable to the Supreme Court, in accordance with Section 5(g), Rule 56 of said Rules; and

(c) lack of merit in the appeal, in accordance with the second paragraph of Section 5, Rule 45, and Section 5(b), Rule 56 of the same Rules. Moreover, the petition raises essentially factual questions and there is no sufficient showing that the finding of the Regional Trial Court of Pasig City, Branch 166, are not supported by the requisites quantum of evidence.

Furthermore, petitioners failed to adduce any compelling reason to warrant a disregard of judicial hierarchy and for this Court to assume jurisdiction over the case in the first instance.

Very truly yours,

TOMASITA M. DRIS
Clerk of Court

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