[G.R. No. 145386.December 13, 2000]

VILLA, et al. vs. CUSTOMS COMMISSIONER AMPIL, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated DEC 13 2000.

G.R. No. 145386 (Rogelio C. Villa [owner of Villa Shipping Lines], represented by Zaldy S. Villa [manager of the latter entity] vs. Customs Commissioner Renato Ampil, et al.)

For consideration is petitioner's second motion for extension of seven (7) days within which to file the petition for review. Petitioner's first motion for extension of 30 days or until November 25, 2000 within which to file the petition was denied in the Court's resolution of November 20, 2000 on the ground that petitioner failed to give a written explanation why service of copies of the motion on respondents was not done personally as required under �11, Rule 13 of the 1997 Rules of Civil Procedure. It appears, however, that in the affidavit of service of said motion, a statement was inserted therein stating that hat a copy of the said motion was sent to counsel for respondents through registered mail as shown by the attached registry receipt "due to lack of manpower and time constraint." Although under a liberal interpretation of the rules this may be considered a sufficient basis for reconsidering the denial of petitioner's first motion, the fact is that up to the present time petitioner has not yet filed the petition for review. Pursuant to Rule 45, Sec. 2 of the 1997 Rules of Civil Procedure the maximum period for extension of the time to file the petition for review is 30 days only. Consequently, petitioner's second motion for extension of seven (7) days within which to file the petition should be denied.

For the foregoing reasons, the Court RESOLVED to DENY petitioner's second motion for extension of time to file the petition for review.

Very truly yours,

(Sgd.) TOMASITA MAGAY-DRIS


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