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[ G.R. No. 117018-19. October 9, 2000]

BENJAMIN D. YNSON vs. CA, et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated OCT 9 2000.

G.R. No. 117018-19 (Benjamin D. Ynson vs. Court of Appeals, et al.) and G.R. No. 117327 (Felipe Yulienco vs. Court of Appeals, et al.)

These pertain to two petitions for review of the amended decision of the Court of Appeals dated September 6, 1994 in the consolidated cases CA-G.R. SP. 30734, entitled "Felipe Yulienco and Emerito Salva vs. SEC and Benjamin D. Ynson," and CA-G.R. SP No. 31571, entitled "Benjamin D. Ynson vs. SEC, Felipe Yulienco and Emerito Salva."

On November 16, 1994, G.R. No. 117018-19 (hereinafter, the "Ynson petition") was denied for failure of the affiant to sign the affidavit of service, failure to state the material dates, and failure of the petition to show that reversible error was committed by the Court of Appeals (Rollo, G.R. Nos. 117018-19, vol. I, p. 203-A). Petitioner Ynson filed a motion for reconsideration, supplemental motion for reconsideration and motion for the consolidation of the petition with G.R. No. 117327 (hereinafter, the "Yulienco petition"). In a Resolution dated February 1, 1995, the Court required respondent in the Ynson petition to comment on the motion for reconsideration and supplemental motion for reconsideration and granted the motion for consolidation (Ibid., p. 261).

Meanwhile, in the Yulienco petition, the respondents were required to comment on the petition (Rollo, G.R. No. 117327, vol. I, p. 318). Private respondent Ynson filed his comment and amended comment, and petitioners Yulienco and Salava filed their reply thereto.

On June 17, 1996, the Court rendered a Decision in the consolidated petitions, the dispositive portion of which reads:

WHEREFORE, the instant petition docketed as G.R. Nos. 117018-19 is GRANTED and, thus, the Amended Decision of the Court of Appeals, dated September 6, 1994, is hereby set aside.

Paragraph 5 of the dispositive part thereof which reads:

"x x x� x x x��� x x x

5. The petition filed by Benjamin Ynson in CA-G.R. SP No. 31572, is also GRANTED. The Order dated April 12, 1993 and the Resolution dated July 22, 1993 are hereby ANNULLED and SET ASIDE. Consequently, the total amount of the shares of stock which petitioners under the compromise agreement are bound to convey and transfer to PHESCO, Inc. shall be paid without interest."

is, however, hereby AFFIRMED.

The petition of Felipe Yulienco and Emerito Salva in G.R. No. 117327 is hereby DISMISSED, with costs.

SO ORDERED.

Salva and Yulienco filed a motion for reconsideration of the decision, which was denied for being late and for lack of merit (Rollo, G.R. No. 117018-19, vol. I, pp. 618-619). On October 10, 1996, they filed a verified petition for leave to file second motion for reconsideration. In a Resolution dated December 2, 1996, the Court denied the petition for leave for lack of merit, and denied with finality the second motion for reconsideration (Ibid., vol. II, p. 1593).

On February 7, 1997, Salve and Yulienco filed a motion for leave to file third motion for reconsideration, together with their motion for reconsideration. The Court issued a Resolution dated May 13, 1997, the dispositive portion of which reads (Ibid., p. 1594);

WHEREFORE, in the interest of justice, considering the circumstances that these cases were decided before the Court could formally reinstate the Ynson petition, the Third Motion for Reconsideration of Yulienco and Salva, dated February 5, 1997, filed with leave of court, is granted. The judgment, dated June 17, 1996, is consequently recalled and ordered set aside.

Likewise, the Motion for Reconsideration, dated December 10, 1994, of the Resolution denying the Ynson petition, dated November 16, 1994, is GRANTED and, thus, Ynson petition is REINSTATED.

Ynson filed an urgent motion for reconsideration of the above resolution, and moved that the Decision dated June 17, 1996, which set aside the Amended Decision of the Court of Appeals, be entered as final and executory.

The Court's First Division, this time composed of different members, relying on the resolution dated December 2, 1996 which denied with finality the second motion for reconsideration filed by Yulienco and Salva, issued a Resolution dated September 15, 1999, granting Ynson's motion for entry of the Decision of June 17, 1996.

On November 3, 1999, Yulienco and Salva filed a motion for the reconsideration of the Resolution dated September 15, 1999.

From the foregoing overview of the proceedings that have so far transpired, it appears that inasmuch as the Decision dated June 16, 1996 was later recalled and set aside on May 13, 1997, it did not attain finality and thus should not yet be entered in the book of judgments. With the reinstatement of the Ynson petition on May 13, 1997, the necessary and logical consequence would be to require the respondents therein to comment on the petition. This will afford the parties the opportunity to completely ventilate their respective claims in the Ynson petition. Notably, in the Yulienco petition, private respondent Ynson was required to, and he did, file his comment and amended comment; and petitioners Yulienco and Salva filed their reply thereto. Hence, to gibe due course to both consolidated petitions and to jointly resolve the issues therein, which are closely intertwined, would be more in keeping with justice and fair play, as it will allow the parties full opportunity to raise their respective claims in these cases.

Hence, the Resolution directing entry of judgment is recalled. The respondents in the Ynson petition are directed to file their comments to allow the Court to retry the consolidated petitions at bar, also taking into consideration all the basic pleadings that have already been filed in the Yulienco petition.

ACCORDINGLY, the Resolution dated September 15, 1999, insofar as it ordered the entry of the Decision dated June 17, 1996, is RECALLED and SET ASIDE. Respondents in G.R. No. 117018-19 are directed to file their comment on the petition therein within ten (10) days from notice.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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