[ G.R. No. L-45026. November 12, 1981 ] 195 Phil. 731; 83 OG No. 38, 4508 (September 21, 1987)
SECOND DIVISION
[ G.R. No. L-45026. November 12, 1981 ]
AMERICAN HOME ASSURANCE COMPANY AND AMERICAN INTERNATIONAL UNDERWRITERS (PHIL.) INC., PETITIONERS, VS. HONORABLE COURT OF APPEALS, INSURANCE COMMISSION AND VERA I. WITTE, REPRESENTED BY HER ATTORNEY-IN-FACT DAVID F. VELASCO, RESPONDENTS. R E S O L U T I O N
ABAD SANTOS, J.:
The decision of the Court of Appeals dated September 8, 1976, and its resolution of October 27, 1976, are premised on its finding “that the petition for review was indeed filed in this Court (of Appeals) out of time.” And relying on a decision of this Court - Villarica vs. Court of Appeals, G.R. No. L-28363, May 15, 1974, 57 SCRA 24 - the Court of Appeals dismissed the petition as time-barred.
In the present petition exception is taken of the Court of Appeals finding that the petition was filed out of time. I do not see any reason to review the finding of fact of the Court of Appeals which is based on substantial evidence. For to do so will be opening the gates to a flood of petitions to review decisions not only of the Court of Appeals but also of other entities. We are not tasked to do this.
Petitioners claim that they would have raised a novel and important question in the Court of Appeals. Any petitioner can make a claim of novelty and importance. However, I take notice that insurance companies have been inventing excuses to avoid their just obligations. This is the reason why the third party liability insurance required of motor vehicle owners has not been successful.
The petition is obviously not impressed with merit.
In view of the foregoing, the resolution of the Court dated March 7, 1977 giving due course to the petition is reconsidered and another one is hereby entered dismissing it for lack of merit. No costs.
SO ORDERED. Barredo, (Chairman), Aquino, and Concepcion, Jr., JJ., concur. De Castro, J., concurs in separate opinion.