January 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 198740 : January 16, 2012]
STARLUBE CORPORATION v. SEA ESCAPE SHIPPING
G.R. No. 198740 (Starlube Corporation v. Sea Escape Shipping).
RESOLUTION
The Court, after a review of the records, resolves to DENY, the petition for its failure to show that a reversible error was committed by the Court of Appeals in its Decision dated May 26, 2011 and Resolution dated September 29, 2011 in CA-G.R. CV 90808 when it ruled in favor of respondent Sea Escape Shipping and ordered petitioner Starlube Corporation to pay Sea Escape Shipping P127,240.00 plus 12% interest per annum computed from July 15, 1997, until fully paid; P20,000.00 attorney's fees; and the costs of suit. It must be noted that the petitioner did not adduce any argument whatsoever to support its contention that the appellate court committed reversible error in its challenged decision.
Here, petitioner prays that its petition be given due course, and thereafter, be given reasonable time to prepare its pleading. This, the Court cannot allow. Petitioner had already been granted by this Court a 30-day extension to file its petition for review. The 30-day extension is more than sufficient time for the petitioner to prepare the same. Moreover, the Court had given petitioner fair warning that said extension shall be the last and no further extension will be given to it.[1] It must also be emphasized that the petitioner must first convincingly show reversible error in the assailed decision before this Court may be called upon to exercise its discretionary appellate jurisdiction, and not the other way around. In addition, the petition suffers from defective verification.cralaw
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court
Endnotes:
[1] Please see: Resolution dated November 21, 2011, Third Division.