August 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 181560 : August 24, 2011]
VITARICH CORPORATION VS. CHONA LOSIN
G.R. No. 181560 (Vitarich Corporation vs. Chona Losin). - For resolution is the Urgent Manifestation with a Dire Request to Take a Very Close Look on the Fact That RCBC Check No. CX046324 Dated August 27, 1996 in the Amount of P93,888.80 Was Already Paid Way Back on August 29, 1996 filed by respondent Chona Losin (Losin).
Records bear out that the Court already resolved to deny with finality the Motion for Reconsideration of Losin challenging the Court's Decision dated November 15, 2010. The instant Urgent Manifestation with a Dire Request to Take a Very Close Look on the Fact That RCBC Check No. CX046324 Dated August 27, 1996 in the Amount of P93,888.80 Was Already Paid Way Back on August 29, 1996 appears to be a second motion for reconsideration although not denominated as such by Losin. Thus, it is essentially a prohibited pleading. It has been settled that only for extraordinarily persuasive reasons and only after an express leave has been first obtained may a second motion for reconsideration be entertained. The Court finds no reason to depart from the general rule.
The Court already ruled that Losin was liable to pay petitioner Vitarich Corporation the amount of P93,888.80, as indicated in RCBC Check No. CX046324 dated August 27, 1996, as part of her total liability which had been stopped payment by Losin.
The attached bank statement marked as Exh. "BB" and referred to by Losin bearing the amount of P93,888.80 does not clearly prove payment of the said amount. In fact, the entry in the said bank statement with this amount has not been specifically sub-marked at all. If indeed the questioned amount was already paid by Losin, it could be threshed out in the court of origin in connection with the execution of the final judgment.
WHEREFORE, the Court RESOLVES to DENY the Urgent Manifestation with a Dire Request to Take a. Very Close Look on the Fact That RCBC Check No. CX046324 Dated August 27, 1996 in the Amount of P93,888.80 Was Already Paid Way Back on August 29, 1996 of respondent Chona Losin, The Court orders that the entry of judgment in G.R. No. 181560 (Vitarich Corporation vs. Chona Losin) be made in due course. No further pleading shall be entertained.
SO ORDERED.
Very truly yours,
MA. LUISA L. LAUREA
Division Clerk of Court
By:
(Sgd.) TERESITA AQUINO TUAZON
Deputy Division Clerk of Court