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[ G.R. No. 138344. July 5, 1999]

MOLINA vs. ORTIGAS AND CO.

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUL 5, 1999.

G.R. No. 138344 (Molina vs. Ortigas and Co.)

This is a "petition for certiorari and/or petition for annulment of judgment with leave of court" filed by the petitioner herself on May 12, 1999 to annul, reverse and vacate the decision of this Court in G.R. Nos. 109645 and 112564 dated July 25, 1994 entitled Ortigas & Company Limited Partnership vs. Velasco (234 SCRA 455), to reopen the proceedings in said case and to admit alleged newly discovered evidence of the petitioner.

The petition is dismissed.

First, the petition is insufficient in form. Certified true copy of the assailed decision is not attached to the petition as required in both Sec. 4, Rule 47 (for petitions for annulment of judgment) and Sec. 1 of Rule 65 (for petitions for certiorari) of the 1997 RCP. Also, the petition does not state the material dates to show that it was filed within the period allowed by the Rules for filing either petition.

Secondly, the ground raised in the petition i.e., newly discovered evidence, is not one of the grounds allowed by the Ruled for annulment of judgment not for a petition for certiorari. Newly discovered evidence may be a ground for a motion for new trial but is not a ground for a petition for annulment of judgment nor petition for certiorari. More important, neither a petition for certiorari nor a petition for annulment of judgment is the remedy to seek a reexamination of the merits of the decision of this court rendered in 1994, which has long become final.

In view of the foregoing the petition is dismissed.

Very truly yours,

(Sgd.) JULIETA Y. CARREON

Clerk of Court

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