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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
March-1996 Jurisprudence                 

  • G.R. No. 91935 March 4, 1996 - RODOLFO QUIAMBAO v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 106043 March 4, 1996 - CAGAYAN DE ORO CITY LANDLESS RESIDENTS ASSOCIATION INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109645 March 4, 1996 - ORTIGAS AND COMPANY LIMITED PARTNERSHIP v. TIRSO VELASCO, ET AL.

  • G.R. No. 115365 March 4, 1996 - ESMENIO MADLOS v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 118126 March 4, 1996 - TRANS-ASIA SHIPPING LINES v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. MTJ-94-921 March 5, 1996 - AMPARO A. LACHICA v. ROLANDO A. FLORDELIZA

  • Adm. Matter No. MTJ-94-1009 March 5, 1996 - ALBERTO NALDOZA v. JUAN LAVILLES, JR.

  • G.R. No. 111501 March 5, 1996 - PHIL. FUJI XEROX CORPORATION, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 113930 March 5, 1996 - PAUL G. ROBERTS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115548 March 5, 1996 - STATE INVESTMENT HOUSE INC. v. COURT OF APPEALS

  • Adm. Matter No. P-94-1039 March 6, 1996 - FE ALBANO MADRID v. RAYMUNDO RAMIREZ

  • G.R. Nos. 112858-59 March 6, 1996 - PEOPLE OF THE PHIL. v. RALPHY ALCANTARA, ET AL.

  • G.R. No. 120193 March 6, 1996 - LUIS MALALUAN v. COMMISSION ON ELECTIONS, ET AL.

  • Adm. Case No. CBD-174 March 7, 1996 - GIOVANI M. IGUAL v. ROLANDO S. JAVIER

  • G.R. No. 66555 March 7, 1996 - LEONCIO MEJARES, ET AL. v. JUAN Y. REYES, ET AL.

  • G.R. Nos. 95353-54 March 7, 1996 - PEOPLE OF THE PHIL. v. PAULINO PAT

  • G.R. No. 109390 March 7, 1996 - JGB and ASSOCIATES v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 112445 March 7, 1996 - PEOPLE OF THE PHIL. v. CARLOS V. PATROLLA, JR.

  • G.R. No. 113710 March 7, 1996 - PEOPLE OF THE PHIL. v. FERDINAND V. JUAN, ET AL.

  • G.R. No. 116011 March 7, 1996 - PEOPLE OF THE PHIL. v. RHODESA B. SILAN

  • G.R. No. 117650 March 7, 1996 - SULPICIO LINES v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 120905 March 7, 1996 - RENATO U. REYES v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 95260 March 8, 1996 - PEOPLE OF THE PHIL. v. WILFREDO C. PRADO

  • G.R. No. 110983 March 8, 1996 - REYNALDO GARCIA v. COURT OF APPEALS, ET AL.

  • Adm. Case No. 2024 March 11, 1996 - SALVADOR T. CASTILLO v. PABLO M. TAGUINES

  • G.R. No. 108625 March 11, 1996 - ALLIANCE OF DEMOCRATIC FREE LABOR ORGANIZATION v. BIENVENIDO LAGUESMA, ET AL.

  • G.R. No. 113194 March 11, 1996 - NATIONAL POWER CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 119381 March 11, 1996 - MARCOPPER MINING CORPORATION v. JOSE BRILLANTES

  • G.R. No. 96882 March 12, 1996 - EUTIQUIANO PAGARA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109800 March 12, 1996 - PEOPLE OF THE PHIL. v. WILFREDO N. BAUTISTA

  • G.R. No. 114388 March 12, 1996 - PEOPLE OF THE PHIL. v. DOMINGO TRILLES, ET AL.

  • Adm. Matter No. RTJ-94-4-156 March 13, 1996 - IN RE: FERNANDO P. AGDAMAG

  • Adm. Matter No. RTJ-96-1344 March 13, 1996 - VERONICA GONZALES v. LUCAS P. BERSAMIN

  • G.R. No. 101332 March 13, 1996 - PEOPLE OF THE PHIL. v. CLARO BERNAL

  • G.R. No. 101699 March 13, 1996 - BENJAMIN A. SANTOS v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 104088-89 March 13, 1996 - PEOPLE OF THE PHIL. v. VICENTE JAIN, ET AL

  • G.R. No. 108743 March 13, 1996 - PEOPLE OF THE PHIL. v. ARNALDO B. DONES

  • G.R. No. 112193 March 13, 1996 - JOSE E. ARUEGO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 112546 March 13, 1996 - NORTH DAVAO MINING CORPORATION, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 119073 March 13, 1996 - PEOPLE OF THE PHIL. v. ALBERTO DIAZ

  • G.R. No. 120223 March 13, 1996 - RAMON Y. ALBA v. DEPUTY OMBUDSMAN, ET AL.

  • G.R. No. 101070 March 14, 1996 - BALAYAN COLLEGES, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 102062 March 14, 1996 - PEOPLE OF THE PHIL. v. CAMILO FERRER, ET AL.

  • G.R. No. 104685 March 14, 1996 - SABENA BELGIAN WORLD AIRLINES v. COURT OF APPEALS, ET AL.

  • G.R. No. 119706 March 14, 1996 - PHILIPPINE AIRLINES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 73592 March 15, 1996 - JOSE CUENCO BORROMEO v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 94494 March 15, 1996 - PEOPLE OF THE PHIL. v. DIONISIO C. LAPURA

  • G.R. No. 103695 March 15, 1996 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 105819 March 15, 1996 - MARILYN L. BERNARDO v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 106229-30 March 15, 1996 - LEOVIGILDO ROSALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 108001 March 15, 1996 - SAN MIGUEL CORPORATION, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 111651 March 15, 1996 - OSMALIK S. BUSTAMANTE, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 115106 March 15, 1996 - ROBERTO L. DEL ROSARIO v. COURT OF APPEALS, ET AL.

  • G.R. No. 114988 March 18, 1996 - CATALINO BONTIA, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 117667 March 18, 1996 - INLAND TRAILWAYS v. COURT OF APPEALS

  • Adm. Matter No. 94-5-42-MTC March 20, 1996 - QUERY OF JUDGE DANILO M. TENERIFE

  • G.R. No. 102360 March 20, 1996 - ROSITA DOMINGO v. COURT OF APPEALS, ET AL.

  • G.R. No. 111656 March 20, 1996 - MANUEL MANAHAN, JR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116665 March 20, 1996 - MELQUIADES D. AZCUNA, JR. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. 95-1-07-RTC March 21, 1996 - JDF ANOMALY IN THE RTC OF LIGAO, ALBAY

  • Adm. Matter No. 95-10-06-SCC March 27, 1996 - IN RE: DEMASIRA M. BAUTE

  • Adm. Matter No. P-94-1071 March 28, 1996 - ELIZABETH ASUMBRADO v. FRANCISCO R. MACUNO

  • G.R. No. 104386 March 28, 1996 - PEOPLE OF THE PHIL. v. OSCAR L. LEVISTE, ET AL.

  • G.R. No. 121424 March 28, 1996 - IN RE: MAURO P. MAGTIBAY v. VICENTE VINARAO

  • G.R. No. 90215 March 29, 1996 - ERNESTO ZALDARRIAGA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 94594 March 29, 1996 - PEOPLE OF THE PHIL. v. ROMEO REDULOSA, ET AL.

  • G.R. Nos. 96178-79 March 29, 1996 - PEOPLE OF THE PHIL. v. EDUARDO ESMAQUILAN

  • G.R. No. 97785 March 29, 1996 - PHILIPPINE COMMERCIAL INTERNATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 99259-60 March 29, 1996 - PEOPLE OF THE PHIL. v. EMILIO D. SANTOS

  • G.R. No. 103525 March 29, 1996 - MARCOPPER MINING CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 104296 March 29, 1996 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS

  • G.R. Nos. 106083-84 March 29, 1996 - PEOPLE OF THE PHIL. v. QUINTIN T. GARRAEZ

  • G.R. No. 106600 March 29, 1996 - COSMOS BOTTLING CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 109312 March 29, 1996 - PLACIDO MIRANDA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 109614-15 March 29, 1996 - PEOPLE OF THE PHIL. v. ADRONICO GREGORIO, ET AL.

  • G.R. No. 112346 March 29, 1996 - EVELYN YONAHA v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 112457-58 March 29, 1996 - PEOPLE OF THE PHIL. v. ROMEO CARTUANO, JR.

  • G.R. No. 112678 March 29, 1996 - EDUARDO M . ESPEJO v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 112708-09 March 29, 1996 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 112718 March 29, 1996 - PEOPLE OF THE PHIL. v. VLADIMIR L. CANUZO

  • G.R. Nos. 113519-20 March 29, 1996 - PEOPLE OF THE PHIL. v. DANILO F. PANLILIO

  • G.R. Nos. 114263-64 March 29, 1996 - PEOPLE OF THE PHIL. v. JOHN JENN PORRAS, ET AL.

  • G.R. No. 115988 March 29, 1996 - PEOPLE OF THE PHIL. v. LEO V. LIAN

  • G.R. No. 116734 March 29, 1996 - PEOPLE OF THE PHIL. v. LARRY B. LAURENTE, ET AL.

  • G.R. No. 116792 March 29, 1996 - BANK OF THE PHILIPPINE ISLANDS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 117055 March 29, 1996 - SAN MIGUEL CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 117618 March 29, 1996 - VIRGINIA MALINAO v. LUISITO REYES, ET AL.

  • G.R. No. 118509 March 29, 1996 - LIMKETKAI SONS MILLING INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118870 March 29, 1996 - NERISSA Z. PEREZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 119193 March 29, 1996 - NEMENCIO GALVEZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 120715 March 29, 1996 - FERNANDO R. SAZON v. COURT OF APPEALS, ET AL.

  • G.R. No. 121527 March 29, 1996 - MARCELO L. ONGSITCO, ET AL. v. COURT OF APPEALS, ET AL.

  •  




     
     

    G.R. No. 109645   March 4, 1996 - ORTIGAS AND COMPANY LIMITED PARTNERSHIP v. TIRSO VELASCO, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. No. 109645. March 4, 1996.]

    ORTIGAS AND COMPANY LIMITED PARTNERSHIP, Petitioner, v. JUDGE TIRSO VELASCO and DOLORES V. MOLINA, Respondents.

    [G.R. No. 112564. March 4, 1996.]

    DOLORES V. MOLINA, Petitioner, v. HON. PRESIDING JUDGE, RTC, QUEZON CITY, BR. 105, and MANILA BANKING CORPORATION, Respondents.

    Eulogio R. Rodriguez for Ortigas & Company, Ltd. Partnership.

    Valdes Sales & Associates, Justice Sixto A. Domondon/Rodolfo B. Mapile and Associates, and Baligod, Gatdula, Tacardon & Associates for Dolores V. Molina.

    Villaraza & Cruz for The Manila Banking Corp.


    SYLLABUS


    1. REMEDIAL LAW; MOTION FOR RECONSIDERATION; A SECOND MOTION MAY BE FILED ONLY AFTER AN EXPRESS LEAVE OF COURT. — A second motion for reconsideration is forbidden except for extraordinarily persuasive reasons, and only upon express leave first obtained. (Sec. 1, Rule 52, Rules of Court) 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-meal" 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. (Sec. 8, Rule 15; SEE Sec. 4, Rule 37, Rules of Court) To repeat, the second motion for reconsideration, having been filed without express leave, was nothing but a scrap of paper, mere surplusage, incapable of producing any legal effects whatsoever.

    2. ID.; ID.; MAY BE DISPOSED OF BY THE COURT BY MERELY STATING THE LEGAL GROUND FOR ITS DENIAL. — The filing of a motion for reconsideration, authorized by Rule 52 of the Rules of Court, does not impose on the Court the obligation to deal individually and specifically with the grounds relied upon therefor, in much the same way that the Court does in its judgment or final order as regards the issues raised and submitted for decision. This would be a useless formality or ritual invariably involving merely a reiteration of the reasons already set forth in the judgment or final order for rejecting the arguments advanced by the movant; and it would be a needless act, too, with respect to issues raised for the first time, these being, deemed waived because not asserted at the first opportunity. It suffices for the Court to deal generally and summarily with the motion for reconsideration, and merely state a legal ground for its denial (Sec. 14, Art. VIII, Constitution); i.e., the motion contains merely a reiteration or rehash of arguments already submitted to and pronounced without merit by the Court in its judgment, or the basic issues have already been passed upon, or the motion discloses no substantial argument or cogent reason to warrant reconsideration or modification of the judgment or final order; or the arguments in the motion are too unsubstantial to require consideration, etc.

    3. ID.; ID.; DENIAL WITH FINALITY ONLY STRESSES THAT THE CASE IS CONSIDERED CLOSED. — While the denial of a motion for reconsideration of a judgment or final order is normally accompanied by the modifier, "final," or "with finality," there may be a denial not so qualified. That is of no consequences. By no means may it be taken as indicating any uncertainty or indecisiveness on the part of the Court regarding its denial of reconsideration, or an encouragement or expectation of a second motion for reconsideration. The modifier serves simply to emphasize the import and effect of the denial of the motion for reconsideration, i.e., that the Court will entertain and consider no further arguments or submissions from the parties respecting its correctness; that in the Court’s considered view, nothing more is left to be discussed, clarified or done in the case, all issues raised having been passed upon and definitely resolved, and any other which could have been raised having been waived and no longer being available as ground for a second motion. A denial with finality stresses that the case is considered closed.

    4. ID.; JUDGMENT; THE JUDGMENT OF A DIVISION IS AS AUTHORITATIVE AND AS FINAL AS THAT OF THE COURT EN BANC. — It is relevant at this point to remind everyone that the Court En Banc is not an appellate tribunal to which appeals from Divisions may be taken. (See SC Circular No. 2-89, March 1, 1989) The judgment of a division is as authoritative and as final as that of the Court En Banc. Referrals of cases from a Division to the Court En Banc do not take place as a matter of routine, but only on specified grounds and in the Court’s discretion.

    5. ID.; CONTEMPT; WILLFUL DISREGARD AND DISOBEDIENCE OF THE RESOLUTIONS OF THE SUPREME COURT; FINE OF P1,000.00 IMPOSED. — Molina has had more than her day in court. She was accorded more than ample opportunity to present the merits of her case. Her every argument was heard and considered. The Court cannot countenance defiance of its authority on repetitious assertions of the meritoriousness of a party’s cause, no matter how sincerely or genuinely entertained. There has been a final determination of the issues in these cases and petitioner has been repeatedly directed to abide thereby. Her deliberate violation of the orders of the Court are unjustified and inexcusable. The refusal of petitioner Molina to concede defeat, manifested by her unceasing attempts to prolong the final disposition of these cases, obstructs the administration of justice and, therefore, constitutes contempt of Court. WHEREFORE, Dolores V. Molina is found GUILTY of contempt of court for willful disregard and disobedience of the Resolutions of the Court, and a FINE OF ONE THOUSAND PESOS (P1,000.00) is hereby imposed on her, payable within five (5) days from receipt of this Resolution, with the warning that any subsequent disregard and disobedience of this Court’s orders will be dealt with more severely.


    R E S O L U T I O N


    NARVASA, C.J.:


    Before the Court is the motion of private respondent Manila Banking Corporation (hereafter, simply Manilabank) to cite petitioner Dolores V. Molina in contempt of court because she has allegedly "persistently defied the lawful and just orders of the Court . . . betraying a clear and malicious intention . . . to erode the Court’ s authority and integrity which is detrimental to the administration of justice."cralaw virtua1aw library

    Manilabank asserts that the Decision of the Court in these consolidated cases dated July 25, 1994 became "final and executory" upon issuance of the Resolution dated January 23, 1995, which denied with finality Molina’s motion for reconsideration dated August 10, 1994 and two (2) supplements thereto, both dated September 22, 1994. This notwithstanding, Molina filed a "Motion for Leave to File the Herein Incorporated Second Motion for Reconsideration and to Allow . . . Dolores V. Molina a Day in Court Relative to Her Petition for Reconstitution," dated February 27, 1995. In another Resolution, dated March 1, 1995, this Court reiterated the denial with finality of Molina’s motion and, in addition, ordered that "no further pleadings, motions or papers shall be filed ... except only as regards the issues directly involved in the Motion for Reconsideration’ (Re: Dismissal of Respondent Judge)." And in the Resolution of July 24, 1995, the Court, among other things, declared these cases closed and terminated, reiterated its direction that "no further pleadings, motions or papers be henceforth filed in these cases except only as regards the issues directly involved in the ‘Motion for Reconsideration’ (Re: Dismissal of Respondent Judge), . . ." and directed entry of judgment and transmittal of the mittimus to the corresponding courts of origin, for appropriate action and disposition.

    It is Manilabank’s submission that Molina defied these Resolutions of the Court and engaged in contumacious conduct by filing the following subsequent motions (in addition to her second motion for reconsideration of February 27, 1995, supra, to wit:chanrob1es virtual 1aw library

    a) motion to refer the cases to the Court En Banc dated April 5, 1995 (denied by Resolution of June 19, 1995);

    b) consolidated motion dated July 25, 1995, for reconsideration of the June 19, 1995 Resolution (denied by Resolution dated August 28, 1995), and

    c) motion dated August 21. 1995 for reconsideration of the July 24, 1995 Resolution (Re: increasing fines on counsels and directing entry of judgment) (denied by Resolution dated October 25, 1995).

    Manilabank asserts that said motions "are patently unmeritorious and filed manifestly for delay," the issues therein having been repeatedly raised ad nauseam by Molina and the Court having "already weighed and correctly resolved (them) in favor of private Respondent." It opines that said issues are barred by the March 1, 1995 Resolution.

    In her "comment/opposition" dated October 11, 1995,. Molina traversed these allegations of contumacy, arguing that the pleadings "are allowed under the Revised Rules of Court, particularly Rules 49 and 52;" all her motions are meritorious . . . (since they lay) before the Court "new legal issues for determination brought about by the pleadings of the other party;" the pleadings were filed before she learned of the entry of judgment sometime in September 1995; and "there is no manifest . . . refusal to obey the Court’s Resolution." She maintains that the second motion for reconsideration — filed before the march 1, 1995 Resolution — presented four (4) new issues to the Court, implying that (a) it is not prescribed by the direction against the filing of further pleadings, motions or papers and (b) even if the subsequent motions were mere reiterations of the second motion for reconsideration, they are nonetheless meritorious. She insists that all that her pleadings continuously pray for "is . . . to give her a day in court."

    Insistent Reiteration of Argument In Second

    Motion for Reconsideration Etc.

    The matter dealt with in Manilabank’s motion for contempt — a party’s obstinate, importunate and endless reiteration of argument — is one that confronts the Court every now and then. This is regrettable and certainly undesirable. While no one may begrudge the right of a litigant to prosecute or defend his cause with all the vigor and resources at his command, no party may be allowed to persist in presenting to the Court arguments in vindication of his right or defense after these have been pronounced by final judgment to be without merit and his motion for reconsideration of that judgment has been denied.

    A second motion for reconsideration is forbidden except for extraordinarily persuasive reasons, and only upon express leave first obtained. 1 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 stayed 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-meal" 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. 2

    For all litigation must come to an end at some point, in accordance with established rules of procedure and jurisprudence. As a matter of practice and policy, courts must dispose of every case as promptly as possible; and in fulfillment of their role in the administration of justice, they should brook no delay in the termination of cases by stratagems or maneuverings of parties or their lawyers. The Court recently had occasion to reaffirm these basic postulates in "In Re Joaquin T. Borromeo. 3 viz.:jgc:chanrobles.com.ph

    "It is . . . of the essence of the judicial function that at some point, litigation must end. Hence, after the procedures and processes for lawsuits have been undergone, and the modes of review set by law have been exhausted, or terminated. no further ventilation of the same subject matter is allowed. To be sure, there may be, on the part of the losing parties, continuing disagreement with the verdict, and the conclusions therein embodied. This is of no moment, indeed, is to be expected; but, it is not their will, but the Court’s, which must prevail; and, to repeat, public policy demands that at some definite time, the issues must be laid to rest and the court’ s dispositions thereon accorded absolute finality (with voluminous citations, including Garbo v. Court of Appeals, 226 SCRA 250, G.R. No. 100474, September 10, 1993; GSIS v. Gines, 219 SCRA 724, G.R. No. 85273, March 9, 1993; Gesulgon v. NLRC, 219 SCRA 561, G.R. No. 90349 March 5, 1993; Paramount Insurance Corporation v. Japson, 211 SCRA 879, G.R. No. 68073, July 29, 1992; Cachola v. CA, 208 SCRA 496, G.R. No. 97822, May 7, 1992; Enriquez v. C. A., 202 SCRA 487, G.R. No. 83720, October 4, 1991; Alvendia v. IAC, 181 SCRA 252, G.R. No. 72138, January 22, 1990, etc.) As observed by this Court in Rheem of the Philippines v. Ferrer, a 1967 decision (20 SCRA 441, 444), a party ‘may think highly of his intellectual endowment. That is his privilege. And he may suffer frustration at what he feels is others’ lack of it. This is his misfortune. Some such frame of mind, however, should not be allowed to harden into a belief that he may attack a court’s decision in words calculated to jettison the time-honored aphorism that courts are the temples of right.’"

    Effect, and Disposition of

    Motion for Reconsideration

    The filing of a motion for reconsideration, authorized by Rule 52 of the Rules of Court, does not impose on the Court the obligation to deal individually and specifically with the grounds relied upon therefor, in much the same way that the Court does in its judgment or final order as regards the issues raised and submitted for decision. This would be a useless formality or ritual invariably involving merely a reiteration of the reasons already set forth in the judgment or final order for rejecting the arguments advanced by the movant; and it would be a needless act, too, with respect to issues raised for the first time, these being, as above stated, deemed waived because not asserted at the first opportunity. It suffices for the Court to deal generally and summarily with the motion for reconsideration,. and merely state a legal ground for its denial (Sec. 14, ART. VIII, Constitution); i.e., the motion contains merely a reiteration or rehash of arguments already submitted to and pronounced without merit by the Court in its judgment, or the basic issues have already been passed upon, or the motion discloses no substantial argument or cogent reason to warrant reconsideration or modification of the judgment or final order; or the arguments in the motion are too unsubstantial to require consideration, etc.

    Import of Denial of Motion

    For Reconsideration

    The denial of a motion for reconsideration signifies that the grounds relied upon have been found, upon due deliberation, to be without merit, as not being of sufficient weight to warrant a modification of the judgment or final order. It means not only that the grounds relied upon are lacking in merit but also that any other, not so raised, is deemed waived and may no longer be set up in a subsequent motion or application to overturn the judgment; and this is true, whatever may be the title given to such motion or application, whether it be "second motion for reconsideration" or "motion for clarification" or "plea for due process" or "prayer for a second look," or "motion to defer, or set aside, entry of judgment," or "motion to refer case to Court En Banc," etc.

    It is relevant at this point to remind everyone that the Court En Banc is not an appellate tribunal to which appeals from Divisions may be taken. 4 The judgment of a division is as authoritative and as final as that of the Court En Banc. Referrals of cases from a Division to the Court En Banc do not take place as a matter of routine, but only on specified grounds and in the Court’s discretion.

    Denial "With Finality"

    While the denial of a motion for reconsideration of a judgment or final order is normally accompanied by the modifier, "final," or "with finality," there may be a denial not so qualified. That is of no consequence. By no means may it be taken as indicating any uncertainty or indecisiveness on the part of the Court regarding its denial of reconsideration, or an encouragement or expectation of a second motion for reconsideration. The modifier serves simply to emphasize the import and effect of the denial of the motion for reconsideration, i.e., that the Court will entertain and consider no further arguments or submissions from the parties respecting its correctness; that in the Court’s considered view, nothing more is left to be discussed, clarified or done in the case, all issues raised having been passed upon and definitely resolved, and any other which could have been raised having been waived and no longer being available as ground for a second motion. A denial with finality stresses that the case is considered closed. 5

    Thus, the Resolution of January 23, 1995 — denying with finality Molina’s motions for reconsideration of the decision of July 25, 1994 in these cases — ended all further discussion on the merits of the cases. The effects of such denial with finality were not negated by the filing by Molina of a second motion for reconsideration, even if this was attached to a motion purportedly seeking leave of court to do so. Having in fact been filed without express leave — no such leave ever having been granted, the motion therefor not obviously being the equivalent thereof — it was to all intents mere surplusage that did not need to be acted on and did not give rise to a pending matter so as to forestall the finality of the decision.

    What has been stated also suffices to dispose of Molina’s theory that her second motion for reconsideration, filed on February 27, 1995, was not covered by the Resolution of March 1, 1995 — in which this Court reiterated the denial with finality of her motions for reconsideration and, in addition, ordered that "no further pleadings, motions or papers shall be filed . . . except only as regards the issues directly involved in the ‘Motion for Reconsideration’ (Re: Dismissal of Respondent Judge);" and since Manilabank had manifested that it was no longer filing an opposition thereto, said second motion for reconsideration remains pending and unopposed. To repeat, the second motion for reconsideration, having been filed without express leave, was nothing but a scrap of paper, mere surplusage, incapable of producing any legal effects whatsoever.

    Nor may Molina derive comfort from her claim that the motion raises "new" legal issues. Apart from the fact that said "new" issues are contained in an unauthorized and totally ineffectual motion, they are not in fact "new issues," and even if they were, have already been waived and become barred by failure to assert at the first opportunity. It is plain, therefore, that to all intents and purposes, there is no pending second motion for reconsideration requiring action by the Court.

    The absence of an opposition is also of no moment. It is explained by Manilabank in its Manifestation of March 29, 1995; and even if it were totally unexplained, such absence does not and cannot invest the unauthorized second motion for reconsideration with status or validity.

    Prohibition to File Further Pleadings

    Apart from the original directive in its Resolution of March 1, 1995, the Court twice reiterated the admonition that no further pleadings, motions or papers should be filed in these cases, except only as regards issues directly involved in the ‘Motion for Reconsideration’ (Re: Dismissal of Respondent Judge). This it did in its Resolutions dated July 24 and October 25, 1995, respectively.

    Evidently, an order of this character is directed to parties who obstinately refuse to accept the Court’s final verdict and who despite such verdict and in defiance of established procedural rules, mulishly persist in still arguing the merits of their cause. They continue to take up the time of the Court needlessly, by filing unauthorized, forbidden, even worthless pleadings, motions and papers, serving no real purpose other than to delay termination of the case.

    Evidently, too, the directive against the filing of any further pleadings, motions or papers is one that exacts observance by all parties concerned, such that wilfull and unjustifiable disregard or disobedience thereof constitutes constructive contempt under Section 3 (b), Rule 71 of the Rules of Court. The record shows just such wilfull disobedience or resistance which is not satisfactorily explained in Molina’s "Comment/Answer" dated October 11, 1995, submitted on requirement by the Court.

    After her motion for reconsideration of the Decision of July 25, 1994 (as well as the two supplements thereto dated September 22, 1994) had been denied with finality by the Resolution of January 23, 1995; after she had filed an unauthorized and inefficacious second motion for reconsideration dated February 27, 1995; and after she had been served with notice of the Resolution of March 1, 1995 reiterating the denial of her motions for reconsideration and commanding that "no further pleadings, motions or papers shall be filed . . . except only as regards the issues directly involved in the ‘Motion for Reconsideration’ (Re: Dismissal of Respondent Judge)," Molina still filed a motion dated April 5, 1995 to have the cases referred to the Court En Banc. The motion essentially reiterated a prayer lifted from her second motion for reconsideration, and was a clear attempt to reopen proceedings. It obviously had nothing whatever to do with the proceedings concerning the complaint against respondent Judge Velasco.

    After her aforesaid motion of April 5, 1995 was denied by Resolution dated June 19, 1995 (and after another Resolution was issued by the Court dated July 24, 1995, declaring the cases closed and terminated, reiterating the command that no further pleadings, motion or papers be filed, and directing entry of judgment and transmission of the mittimus), Molina filed a consolidated motion dated July 25, 1995, praying for reconsideration of the Resolution of June 19, 1995 and repeating her plea that the cases be referred to the Court En Banc; and another motion, dated August 21, 1995, for reconsideration of the Resolution of July 24, 1995. These two motions were denied by separate Resolutions dated, respectively, August 28, 1995 and October 25, 1995.

    It is clear that petitioner was bent on pursuing her claims despite the Court’s unequivocal declaration that her claims were lacking in merit, that the proceedings were terminated, and that no further pleadings, motions or papers should be filed. Her persistence constitutes a deliberate disregard, even defiance, of these Court’s plain orders and an abuse of the rules of procedure to delay the termination of these cases.

    Her reiteration of her rejected arguments cannot obliterate their essential and egregious speciousness; and under no circumstances may she or any other litigant or counsel be allowed to engage the Court in interminable squabbling about the correctness of its orders and dispositions.

    Molina has had more than her day in court. She was accorded more than ample opportunity to present the merits of her case. Her every argument was heard and considered. The Court cannot countenance defiance of its authority on repetitious assertions of the meritoriousness of a party’s cause, no matter how sincerely or genuinely entertained. There has been a final determination of the issues in these cases and petitioner has been repeatedly directed to abide thereby. Her deliberate violation of the orders of the Court are unjustified and inexcusable. The refusal of petitioner Molina to concede defeat, manifested by her unceasing attempts to prolong the final disposition of these case, obstructs the administration of justice and, therefore, constitutes contempt of Court.

    WHEREFORE, Dolores V. Molina is found GUILTY of contempt of court for willful disregard and disobedience of the Resolutions of the Court, and a FINE OF ONE THOUSAND PESOS (P1,000.00) is hereby imposed on her, payable within five (5) days from receipt of this Resolution, with the warning that any subsequent disregard and disobedience of this Court’s orders will be dealt with more severely.

    Let this Resolution be published in the authorized Court reports for the information and guidance of the bench and the bar respecting the nature and effect of denials of motions for reconsideration of judgments and final orders, the propriety of second motions for reconsideration, and the prohibition against the filing of further pleadings, motions or other papers.

    IT IS SO ORDERED.

    Davide, Jr., Melo, Francisco and Panganiban, JJ., concur.

    Endnotes:



    1. Sec. 1, Rule 52, Rules of court.

    2. Sec. 8, Rule 15; SEE Sec. 4, Rule 37, Rules of Court.

    3. Ex Rel. Cebu City Chapter of the Integrated Bar of the Philippines," Adm. Matter no. 93-7-696-0, February 21, 1995: 241 SCRA 405, 454-455.

    4. See SC Circular No. 2-89, March 1, 1989.

    5. Barrera v. Victor, A.M. No. CA-90-15, May 24, 1991.

    G.R. No. 109645   March 4, 1996 - ORTIGAS AND COMPANY LIMITED PARTNERSHIP v. TIRSO VELASCO, ET AL.




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