This case has been cited 1 times or more.
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2005-10-14 |
CALLEJO, SR., J. |
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| Clearly, the period for filing a motion for reconsideration and a petition for review with this Court are the same, that is, 15 days from notice of the judgment. When an aggrieved party files a motion for reconsideration within the said period, the period for filing an appeal is suspended. If the motion is denied, the aggrieved party is given another 15-day period from notice of such denial within which to file a petition for review under Rule 45. It must be stressed that the aggrieved party will be given a fresh 15-day period only when he has filed his motion for reconsideration in due time - on or before the expiration of the original 15-day period. Otherwise, if the motion for reconsideration is filed out of time and no appeal has been filed, the subject decision becomes final and executory.[34] As such, it becomes immutable and can no longer be attacked by any of the parties or be modified, directly or indirectly, even by the highest court of the land.[35] | |||||