Philippine Supreme Court Resolutions

G.R. No. 195455 (HEIRS OF EVARISTO CUENCA, represented by SALVACION CUENCA-MILITAR v. LORETO PACIENTE, ET AL.) - Petitioners Heirs of Evaristo Cuenca, represented by Salvador Cuenca, filed a Motion for Reconsideration of this Court's Resolution dated April 4, 2011 dismissing petitioner's petition for failure to sufficiently show that the questioned judgment is tainted with grave abuse of discretion.

In their motion, petitioners pray that the Court's Resolution dated April 4, 2011 be reconsidered and set aside on the following grounds: (1) that petitioners' petition before this Court was a petition for review on certiorari filed under Rule 45 of the Rules on Civil Procedure and not a Special Civil Action under Rule 65 and, thus, the Court should not have dismissed the petition on the ground that petitioner failed to sufficiently establish that the assailed Decision of the Court of Appeals dated October 29, 2010 and its Resolution dated January 28, 2011 were tainted with grave abuse of discretion; and (2) that the findings of facts and conclusions of the Court of Appeals in its assailed Decision and Resolution were manifestly mistaken, absurd and impossible, as the same were grounded entirely on speculation, surmises or conjectures and that it contradicts the evidence on record. Such erroneous findings and conclusions warrant this Court, pursuant to prevailing jurisprudence, to review the factual findings of the Court of Appeals.

After a thorough review of the records of the case, this Court finds that the dismissal of petitioner's petition on the ground that no grave abuse of discretion can be imputed against the Court of Appeals, was due to inadvertent typographical error. Thus, this Court rectifies its Resolution dated April 4, 2011 by denying petitioners' petition for review on certiorari for failure on the part of petitioners to sufficiently establish any reversible error to overturn the ruling of the Court of Appeals, affirming the findings of the Office of the President, which findings have already become final and executory.

Anent the second issue raised by petitioners in their motion for reconsideration, the same is denied with finality for failure on the part of petitioner to show any substantial argument to warrant for the reversal of the Decision and Resolution of the Court of Appeals.

Wherefore, a new Resolution is hereby issued to read as follows: 

"Considering the allegations, issues and arguments adduced in the petition for review on certiorari with prayer for the issuance of a writ of preliminary injunction and/or temporary restraining order assailing the Decision dated October 29, 2010 and Resolution dated January 28, 2011 of the Court of Appeals, Cebu City, in CA-G.R. SP No. 04427, as well as petitioner's motion for reconsideration of this Court's Resolution dated April 4, 2011, the Court Resolves to DENY the petition for failure to sufficiently show any error to warrant for the reversal of the assailed Decision and Resolution of the Court of Appeals; and to DENY with FINALITY petitioner's motion for reconsideration of this Court's Resolution dated April 4, 2011, for failure on the part of petitioner to sufficiently establish any substantial argument to warrant for the reversal of the Decision and Resolution of the Court of Appeals."

SO ORDERED.

Very truly yours,

(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court