This case has been cited 1 times or more.
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2012-11-12 |
DEL CASTILLO, J. |
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| Instead of filing a Motion for Reconsideration on April 25, 2007, VCP filed a MOTEX on the ground that its lawyer had withdrawn from the case and it was still in the process of retaining a new counsel. The CA was correct in denying petitioner's MOTEX because the period to file a Motion for Reconsideration is not extendible.[60] The Court has pronounced strict adherence to the rule laid down in Habaluyas Enterprises, Inc. v. Judge Japson[61] that "no motion for extension of time to file a motion for new trial or reconsideration may be filed with the Metropolitan or Municipal Trial Courts, the Regional Trial Courts, and the Intermediate Appellate Court (now Court of Appeals)."[62] Since the period to file a Motion for Reconsideration is not extendible, VCP's MOTEX did not toll the reglementary period.[63] Thus, there being no Motion for Reconsideration as of April 25, 2007, the Decision of the CA dated March 23, 2007 became final and executory by operation of law.[64] The CA was correct in denying the Motion for Reconsideration that VCP had belatedly filed on May 25, 2007 as its lateness had rendered it moot. | |||||