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[G.R. No. 139813.September 5, 2001]

JOEL BITO-ONON, vs. HON. JUDGE NELIA YAP FERNANDEZ et al.

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEPT 5 2001.

G.R. No. 139813(Joel Bito-Onon, petitioner vs. Hon. Judge Nelia Yap Fernadez, R.T.C. Br. 50 - Puerto Princesa City and Palawan, and Elegio Quejano, Jr., respondents.)

Before this Court is the Motion for Reconsideration ¹ Rollo, 194. filed by herein respondent Elegio Quejano, Jr. of our Decision dated January 31, 2001. Petitioner Joel Bito-Onon was required to file comment to thereto but has failed to do the same. ² See Order dated April 18, 2001; Rollo, 223. The filing of comment is therefore deemed waived.

In his motion, the respondent raises new factual matters which were not but could have been raised in either his comment to the petition or in his memorandum. An examination of these new matters however will show that our questioned decision will not be affected thereby. The basic issue raised by the parties, i.e. whether Article II, par. 3 of Memorandum Circular No. 97-193 issued by the Department of Interior and Local Government Secretary which authorized the filing of a Petition for Review of the decision of the Board of election Supervisors with the regular courts is valid, was already passed upon in our January 31, 2001 Decision. More importantly, had the respondent believed that these facts were pertinent to the resolution of the case, he should have raised them at the earliest possible time and not through the present motion for reconsideration.

WHEREFORE, the motion for reconsideration is therefore denied.

Very truly yours,

(Sgd.) JULIETA Y. CARREON

Clerk of Court

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