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[G.R. No. 47013.February 19, 2001]

LAO vs. CA, et al.

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 19 2001.

G.R No. 47013(Andres Lao vs. Court of Appeals, The Associated Anglo-American Tobacco Corporation and Esteban Co.)

G.R No. 60647(Esteban Co vs. Court of Appeals and Andres Lao.)

G.R No. 60958-59(The Associated Anglo-American Tobacco Corporation vs. Court of Appeals, Andres Lao, Jose Lao and Tomas Lao.)

Before us is a Motion for Reconsideration filed by Associated Anglo-American Tobacco Corporation, assailing this Court's February 17, 2000 Decision, "in so far as it affirmed the decision in CA-GR No. 62532-R which ordered respondent corporation to reimburse Andres Lao's overpayment in the amount of P556,444.20." In compliance with a Resolution dated June 14, 2000, Respondents Andres Lao, Jose Lao and Tomas Lao filed a Comment thereon.

Movant claims that this Court "ignored and overlooked" the incredible claim of Lao that he had made an overpayment. It further claims that the bare testimony of Audit Committee Member Cesar F.P Corcuera was unreliable and cannot be considered proof of the overpayment.

These contentions' are not meritorious. The fact and the amount of overpayment were based on the Report prepared by the trial court-appointed Audit Committee, not on the testimony of Corcuera alone. Since the parties did not object to the Report upon its submission, they are deemed to have admitted it. We reiterate our ruling that "since both parties offered no objection to the commissioners' report, they are deemed to have accepted and admitted the findings therein contained." (Decision, p. 32.) If movant believes that the amount of overpayment is incredible, it should have challenged the Audit Committee Report before the trial court, not before this Court.

WHEREFORE, the Motion for Reconsideration is DENIED for lack of merit. This DENIAL is FINAL.[GONZAGA-REYES, J., no part.]

Very truly yours,

(Sgd.) JULIETA Y. CARREON
Clerk of Court

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