This case has been cited 1 times or more.
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2015-09-07 |
VELASCO JR., J. |
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| The instant recourse partakes the nature of a second motion for reconsideration, a prohibited pleading under Section 2, Rule 56,[4] in relation to Sec. 2, Rule 52 of the Rules of Court. The rule categorically states: "no second motion for reconsideration of a judgment or final resolution by the same party shall be entertained." The rationale behind the rule is explained in Manila Electric Company v. Barlis, thusly: The propriety or acceptability of such a second motion for reconsideration is not contingent upon the averment of "new" grounds to assail the judgment, i.e.. grounds other than those theretofore presented and rejected. Otherwise, attainment of finality of a judgment might be staved off indefinitely, depending on the party's ingeniousness or cleverness in conceiving and formulating "additional flaws" or "newly discovered errors'" therein, or thinking up some injury or prejudice to the rights of the movant for reconsideration. "Piece-meal1" impugnation of a judgment by successive motions for reconsideration is anathema, being precluded by the salutary axiom that a party seeking the setting aside of a judgment, act or proceeding must set out in his motion all the grounds therefor, and those not so included are deemed waived and cease to be available for subsequent motions. | |||||