[G.R. No. 119794. March
7, 2001]
TOMAS SEE TUAZON vs. CA et al.
THIRD DIVISION
Gentlemen:
Quoted hereunder, for your information, is a
resolution of this Court dated
MAR
7 2001.
G.R No. 119794
(Tomas
See Tuazon
vs. Court of Appeals and John Siy Lim.)
In his Motion for
Reconsideration before us, petitioner alleges that he received a copy of the October
3, 2000 Decision of this Court on December
1, 2000. He subsequently filed a Motion for Leave to File a
Supplement to the aforesaid Motion, as well as the said Supplement.
Respondent, on the other hand,
filed a Motion praying that the Motion for Reconsideration be denied because it
was filed late, petitioner having allegedly received the assailed Decision on November
9, 2000, not on December 1,
2000. He also filed a Motion for Entry of Judgment, as well as an
Opposition to the Motion for Leave to file the Supplement to the Motion for
Reconsideration.
Subsequently, in a telegram
dated February 22, 2001,
the Kalookan Central Post Office informed the Court that the assailed Decision
was received on November 9, 2000
by petitioner's counsel, through Ms. Myra Emphasis. We also note that
petitioner has not controverted respondent's allegation that his counsel
received the Decision on November 9,
2000. Clearly, petitioner had until November
24, 2000 within which to file a Motion for Reconsideration. Since
the Motion for Reconsideration was filed only on December
15, 2000, the assailed Decision had become final. We stress that the
reglementary period for filing motions for reconsideration is not only
mandatory but jurisdictional. (Ditching v. CA, 263 SCRA 343, October 18,
1996.)
Accordingly, the Motion for
Reconsideration and the Supplement thereto are DENIED
for having
been filed late. Let entry of judgment be made in due course.
No further pleadings shall be entertained in this
case.
SO ORDERED.
Very truly yours,
(Sgd.) JULIETA Y. CARREON
Clerk of Court
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