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[ G.R. No. 131457. January 27, 1999]

HON. CARLOS FORTICH, vs. HON. RENATO C. CORONA, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 27, 1999.

G.R. No. 131457 (Hon. Carlos Fortich, Provincial Governor of Bukidnon; Hon. Rey B. Baula, Municipal Mayor of Sumilao, Bukidnon; and NQSR Management and Development Corp., Petitioners, vs. Hon. Renato C. Corona, Deputy Executive Secretary; and Hon. Ernesto Garilao, Secretary of Agrarian Reform, Respondents; Paterno Tuminhay, et al., Applicants for Intervention).

The "Motion For Reconsideration With Motion To Refer The Matter To The Court En Banc" filed by the applicants for intervention on December 3, 1998, is hereby NOTED WITHOUT ACTION for the reason that the movants have no legal personality to further seek redress before the Court after their motion for leave to intervene in this case (pp. 195-243, Rollo) was denied in the April 24, 1998 Decision (pp. 940-966, Rollo). Their subsequent motion for reconsideration of the said decision, with prayer to resolve the motion to the Court En Banc (pp. 1027-1053, Rollo,) was also denied in the November 17, 1998 Resolution of the Court (pp. 1238-1257, Rollo). Besides, their aforesaid motion of December 3, 1998 is in the nature of a second motion for reconsideration which is a forbidden motion (Section 2, Rule 52 in relation to Section 4, Rule 56 of the 1997 Rules of Civil Procedure). The impropriety of movants' December 3, 1998 motion becomes all the more glaring considering that all the respondents in this case did not anymore join them (movants) in seeking a reconsideration of the November 17, 19998 Resolution.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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