September 2008 - Philippine Supreme Court Resolutions
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[G.R. No. 166510 : September 09, 2008] PEOPLE OF THE PHILIPPINES, PETITIONER, VS. BENJAMIN "KOKOY" T. ROMUALDEZ AND THE SANDIGANBAYAN (FIRST DIVISION), RESPONDENTS. :
[G.R. No. 166510 : September 09, 2008]
PEOPLE OF THE PHILIPPINES, PETITIONER, VS. BENJAMIN "KOKOY" T. ROMUALDEZ AND THE SANDIGANBAYAN (FIRST DIVISION), RESPONDENTS.
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated September 9, 2008
G.R. No. 166510 - PEOPLE OF THE PHILIPPINES, petitioner, versus BENJAMIN "KOKOY" T. ROMUALDEZ AND THE SANDIGANBAYAN (FIRST DIVISION), respondents.
We resolve the motion for reconsideration filed by private respondent Benjamin "Kokoy Romualdez (private respondent) of our Decision of July 23, 2008 in the above captioned case.
We find motion devoid of merit.
Our Decision passed upon the issues of the propriety of the remedy the petitioner People of the Philippines (the "People") availed of and the merits of the People's petition. We found no substantial argument in the private respondent's motion that compels us to modify or reverse our rulings on the remedy used and the merits of the petition.
We did not rule on the issue of prescription because the Sandiganbayan's ruling on this point was not the subject of the People's petition for certiorari. While the private respondent asserted in his Motion to Dismiss Ad Cautelam filed with us that prescription had set in, he did not file his own petition to assail this aspect of the Sandiganbayan ruling, he is deemed to have accepted it; he cannot now assert that in the People's petition that sought the nullification of the Sandiganbayan ruling on some other ground, we should pass upon the issue of prescription he raised in his motion. The writ of certiorari - the remedy to obtain a reversal of a ruling, Resolution or Order on jurisdictional grounds - cannot be obtained via a mere motion.
In sum, we see no reason to grant reconsideration.
WHEREFORE, premises considered, we DENY the motion for lack of merit.
Carpio, J., on official leave.
G.R. No. 166510 - PEOPLE OF THE PHILIPPINES, petitioner, versus BENJAMIN "KOKOY" T. ROMUALDEZ AND THE SANDIGANBAYAN (FIRST DIVISION), respondents.
We resolve the motion for reconsideration filed by private respondent Benjamin "Kokoy Romualdez (private respondent) of our Decision of July 23, 2008 in the above captioned case.
We find motion devoid of merit.
Our Decision passed upon the issues of the propriety of the remedy the petitioner People of the Philippines (the "People") availed of and the merits of the People's petition. We found no substantial argument in the private respondent's motion that compels us to modify or reverse our rulings on the remedy used and the merits of the petition.
We did not rule on the issue of prescription because the Sandiganbayan's ruling on this point was not the subject of the People's petition for certiorari. While the private respondent asserted in his Motion to Dismiss Ad Cautelam filed with us that prescription had set in, he did not file his own petition to assail this aspect of the Sandiganbayan ruling, he is deemed to have accepted it; he cannot now assert that in the People's petition that sought the nullification of the Sandiganbayan ruling on some other ground, we should pass upon the issue of prescription he raised in his motion. The writ of certiorari - the remedy to obtain a reversal of a ruling, Resolution or Order on jurisdictional grounds - cannot be obtained via a mere motion.
In sum, we see no reason to grant reconsideration.
WHEREFORE, premises considered, we DENY the motion for lack of merit.
Carpio, J., on official leave.
Very truly yours,
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court