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[G.R. No.160504.
BASBAS vs. UNIVERSAL SAVINGS AND LOAN ASSOCIATION, INC.
SECOND DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this
Court dated
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
The Court received on
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
Very truly yours,
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
Endnotes:
[1] cralaw Rollo, p. 4.
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