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[ G.R. No. 139306. November 27, 2000]

MARIA MERCEDES NERY, et al. vs. GABRIEL LEYSON, et al.

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your Information, is a resolution of this Court dated NOV 27 2000.

G.R. No. 139306 (Maria Mercedes Nery, Benjamin Nery, Maria Paz Nery, Apolinar Nery Roberto Francisco Nery - all represented by Licinius Abadiano and Lourdes Del Rio Espiritu, vs. Gabriel Leyson, Josefina Leyson Poblete, Fe Leyson, Esperanza Leyson, Caridad Leyson, Estates of Deceased Spouses Jose Leyson and Lourdes Velez.)

In their Motion for reconsideration, dated October 8, 2000, petitioners contend that the Court committed an "oversight" when it affirmed the CA and the RTC rulings which dismissed their Complaint to nullify the judicial proceedings in Civil Case No. R-8646, notwithstanding its earlier pronouncement that "petitioners should not be bound by the decision [therein]." They reiterate that the said decision did not constitute a final judgment because the trial court never acquired jurisdiction over them.

The primordial issue before us was whether the CA committed a reversible error in affirming the RTC, not whether Civil Case No. R-8646 was or was not binding on petitioners. This latter issue could not have been decided by the RTC of Lapu-Lapu City for lack of jurisdiction. We reiterated that, for the reasons stated in our Decision which movants do not contradict, the CA did not err in affirming the RTC Decision.

Clearly, the "oversight" was not committed by this Court but by movants in filing their Petition to annul before the RTC, which had no authority to hear their plea.

Accordingly, the Court hereby DENIES the Motion for Reconsideration for lack of merit. This denial is FINAL.

SO ORDERED.

Very truly yours,

(Sgd.) JULIETA Y. CARREON

Clerk of Court

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