This case has been cited 1 times or more.
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2015-09-02 |
PEREZ, J. |
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| The trial court denied respondents' First Motion for Reconsideration on 26 August 2008. The period to appeal is reckoned from the receipt of the denial of their First Motion for Reconsideration, which was on 10 September 2008 and respondents had until 25 September 2008 to file their Notice of Appeal. But instead of filing a Notice of Appeal, respondents filed a Motion for Leave of Court to Admit Second Motion for Reconsideration and their Second Motion for Reconsideration on 18 and 19 September 2008, respectively. Considering that a second motion for reconsideration is a pro forma motion and does not toll the reglementary period for an appeal,[21] the period to appeal lapsed. Therefore, the impugned RTC Orders became final and executory. The Notice of Appeal was correctly denied by the trial court. | |||||