[G.R. No. 170710. March 27, 2006]

TRIPLEX ENTERPRISES, INC. v. ESTATE OF THE LATE ALEX DIZON, JUANICIO DIZON AND JUDILYN DE LA CRUZ-DIZON

First Division

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of the First Division of this Court dated MAR. 27, 2006

G.R. No. 170710 (Triplex Enterprises, Inc. v. Estate of the late Alex Dizon, Juanicio Dizon and Judilyn De la Cruz-Dizon)

Before acting on the petition for review on certiorari, petitioner is DIRECTED to comment on the Consolidated Opposition and Motion and Supplemental Consolidated Opposition and Motion filed by Juanicio Dizon stating among others that:

1. he is the father of the late Alex Dizon and his inclusion as one of the respondents is totally misplaced and unwarranted because he is not the proper party-in-interest in this case for he was not an occupant or possessor of the disputed property and that his son was emancipated from him by attaining the age of majority and marriage. Neither is he the executor or administrator of the estate of the deceased nor a party to the transaction, if any, with the petitioner affecting the property expropriated by the government. Neither was he duly and properly sued or summoned before the lower courts and before the Court of Appeals to warrant his inclusion in the petition.

2. the Court cannot acquire jurisdiction over him in this case just because the petitioner included him in the caption and his special appearance now, through counsel, should not be construed as voluntary appearance but is precisely being done to question the jurisdiction of the Court over him and the apparent desperation of the petitioner at this late stage to include him as party respondent in this case despite lack of legal basis to do so.

3. neither is the inclusion of Judilyn Dela Cruz as party respondent at this late stage valid and justified because she has long been separated from the late Alex Dizon long before this case was filed before the court a quo. Judilyn Dela Cruz has never lived or occupied the expropriated realty and the same was not a conjugal estate of the former spouses. Judilyn Dela Cruz has re-married and has lived in Taal, Batangas for quite a long time now after her separation from the late Alex Dizon more than twelve years ago.

within ten (10) days from receipt hereof.

SO ORDERED.

Very truly yours,

(Sgd.) ENRIQUETA ESGUERRA-VIDAL

Clerk of Court

First Division