[G.R. No. 143090. September 20, 2000]

LOURDES MARKET TENANTS ASSO'N, INC. vs. GSIS, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEPT 20 2000.

G.R. No. 143090 (Lourdes Market Tenants Association, Inc. v. Government Service Insurance System, et al.)

For consideration of the Court are motions filed by petitioner Lourdes Market Tenants Association, Inc. (LMTA) and by the Presidential Commission for the Urban Poor (PCUP). Petitioner's motion is for the suspension of further proceedings in this case, while PCUP's motion, filed through the Solicitor General, is for leave to file a petition for review in intervention.

It appears that petitioner filed a petition for review of certain resolutions of the Government Service Insurance System (GSIS), which the Court of Appeals denied. Petitioner filed a motion for reconsideration which was likewise denied. Its petition for review in this Court was also denied. Petitioner seeks the suspension of further proceedings on the ground that there is a pending motion for reconsideration of the denial of its motion to intervene filed by PCUP in the Court of Appeals.

It appears, however, that petitioner PCUP's motion to intervene has already been finally denied by the Court of Appeals in a resolution, dated August 7, 2000, so that PCUP's remedy should be to appeal from that resolution of the appellate court.

PCUP has filed the instant Motion for Leave to Intervene and for Extension of Time to File Petition for Review in Intervention. Such motion is improper because it amounts to the refiling of a motion that has been denied by the Court of Appeals. Only if the Court of Appeals' denial of PCUP's motion to intervene is reversed in an appropriate proceeding may PCUP file a petition for review in intervention in this case.

WHEREFORE, the motions of petitioner Lourdes Market Tenants Association, Inc. (LMTA) and of the Presidential Commission for the Urban Poor (PCUTP) are both denied for lack of merit.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court


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