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[G.R. No.160504. February 16, 2004]

BASBAS vs. UNIVERSAL SAVINGS AND LOAN ASSOCIATION, INC.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 16 2004.

G.R. No.160504 (Sps. Ricardo and Estelita Basbas vs. Universal Savings and Loan Association, Inc.)

On November 13, 2002, the Court of Appeals issued in CA - G.R. SP. No. 64570, entitled "Sps. Ricardo and Estelita Basbas vs. Hon. Damaso A. Herrera, et al.," a Resolution dismissing the Petition for Certiorari and Prohibition filed by petitioners Ricardo and Estelita Basbas.Petitioners received a copy of the Resolution on November 20, 2002.On December 5, 2002, petitioners filed a Motion for Reconsideration of the Court of Appeal's Resolution dated November 13, 2002, with Motion to Admit Attached Petition for Certiorari and Prohibition.The Court of Appeals denied the Motion for Reconsideration in its Resolution dated September 3, 2003.Petitioners thereafter decided to elevate both Resolutions to this Court and filed their Motion for Extension of Time to File Petition for Review on Certiorari on November 12, 2003.They clearly stated in their Motion for Extension that "the fifteen (15)-day reglementary period within which to file a petition for Review on Certiorari counted from September 17, 2003 expire(d) October 1, 2003." [1] cralaw The Court granted the Motion in its Resolution of December 8, 2003.

The Court received on December 12, 2003 an Opposition (Re: Motion for Extension of Time to file Petition for Review on certiorari) filed via registered mail by respondent Universal Savings and Loan Association, Inc.Respondent also filed via registered mail a Motion for Reconsideration (Re: Resolution dated 8 December 2003) which this Court received on January 29, 2004.

Considering that the Motion for Extension of Time to file Petition for Review on Certiorari filed by petitioner was filed out of time, as borne out by the records and even admitted by the petitioners in their Motion, it is beyond dispute that the Resolutions of the Court of Appeals have already attained finality.Therefore, the Court RESOLVES to: (a) NOTE the Opposition (Re: Motion for Extension of Time to file Petition for Review on Certiorari) filed by the Respondent; (b) GRANT the Motion for Reconsideration (Re: Resolution dated 8 December 2003) filed by respondent; and (c) DENY the Motion for Extension filed by petitioners.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court



Endnotes:

[1] cralaw Rollo, p. 4.


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