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[ G.R. No. 127373. June 26, 2000]

ERB, et al. vs. ASSO. OF MINDANAO INDUSTRIES, et al.

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUN 26 2000.

G.R. No. 127373 (The Energy Regulatory Board (ERB) and Iligan Light and Power, Inc. vs. Association of Mindanao Industries et al.)

The Motion for Reconsideration of the Energy Regulatory Board dated April 19, 1999 argues for a reversal of our Decision on the ground, inter alia, that Opinion No. 22, s. 1993 and Opinion No. 98, s. 1993, both issued by the Department of justice, support ERB's position. While in general, opinions of the department of Justice are persuasive, this time the Courts opts not to adopt the aforecited Opinions for the reasons already given in our Decision, as well as in those cases cited on page 9 thereof. ERB's other arguments, as well as those contained in Iligan Light and Power Inc.'s separate Motion for Reconsideration dated may 14, 1999, are mere reiterations of arguments already raised in the parties' Memoranda which in turn have already been passed and deliberated upon by the Court. It thus finds no necessity to repeat the reasons already included in the main Opinion on why such arguments are untenable. It finds no new substantial argument raised that would convince it to change, much less, reverse the Decision already promulgated.

WHEREFORE, the Motion for Reconsideration are hereby DENIED for lack of merit. This denial is FINAL. No further pleadings will be entertained.

SO ORDERED.

Very truly yours,

(Sgd.) JULIETA Y. CARREON

Clerk of Court

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