GR L 23133; (July, 1968) (Digest)
G.R. No. L-23133 July 29, 1968
VICENTE S. DEL ROSARIO, CEFERINA LLAMAS VDA. DE DEL ROSARIO, TERESITA REYES and DIOSDADO LARRAZABAL, petitioners, vs. THE COURT OF INDUSTRIAL RELATIONS and THE PHILIPPINE LAND-AIR-SEA LABOR UNION (PLASLU), respondents.
FACTS
The Supreme Court rendered a judgment on July 13, 1967, which was received by petitioners on July 28, 1967. On August 22, 1967, petitioners filed a motion for reconsideration. They were granted leave to file a supporting memorandum and subsequently filed “SUPPLEMENTAL ARGUMENTS IN SUPPORT OF THE MOTION FOR RECONSIDERATION” on September 2, 1967, which prayed that the July 13, 1967 decision be set aside. Respondents filed an opposition to the motion on the same date. On September 8, 1967, the Supreme Court passed a resolution denying, among others, the reconsideration prayed for in the Supplemental Arguments. An entry of judgment was made on October 13, 1967. On April 23, 1968, petitioners filed another motion for reconsideration, which was denied on May 3, 1968, because final judgment had already been entered. On June 27, 1968, petitioners filed yet another motion for reconsideration, contending that their basic motion for reconsideration had not yet been resolved and that the entry of judgment was therefore premature, null, and void.
ISSUE
Whether the petitioners’ basic motion for reconsideration had already been resolved by the Supreme Court, thereby rendering its decision final and executory and precluding further motions for reconsideration.
RULING
The Supreme Court found no merit in petitioners’ contention. It held that the basic motion for reconsideration had indeed been resolved. The Court pointed out that the petitioners’ own Supplemental Arguments filed on September 2, 1967, explicitly prayed for the setting aside of the July 13, 1967 decision. This prayer was denied by the Court’s resolution of September 8, 1967, a copy of which was received by petitioners’ counsel on October 6, 1967. Consequently, the decision had become final and executory before the entry of judgment was made on October 13, 1967. Therefore, the last motion for reconsideration filed on June 27, 1968, could no longer be considered.