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[G.R. No. 149997.February 27, 2002]

BELEN, JR. vs. OPTIMA MARBLE CORP.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 27 2002.

G.R. No. 149997(Saturnino G. Belen, Jr. vs. Optima Marble Corporation.)

Petitioner Saturnino G. Belen, Jr. seeks a reconsideration of the Court's resolution of December 3, 2001 which denied his petition for review on the ground that it was filed late. The record shows that petitioner received a copy of the decision of the Court of Appeals on May 11, 2001; that on May 24, 2001, he filed a motion for reconsideration; that the motion for reconsideration was denied by the appeals court on September 14, 2001; and that he received a copy of the said order on September 21, 2001. On October 5, 2001, fourteen days after, he filed with this Court a motion for extension of thirty (30) days within which to file a petition for review of the Court of Appeals' decision. Petitioner's motion was granted, the period of extension to be "counted from the expiration of the reglementary period," i.e., October 6, 2001. Thus, the last day for him to file his petition was on November 5, 2001. Since petitioner filed the petition in this case only on November 6, 2001, the Court, in its resolution of December 3, 2001, denied the petition.

Petitioner contends that the thirty-day extension should be counted from October 8, 2001 because the last day of the original fifteen-day period for the filing of the petition, October 6, 2001, was a Saturday, and therefore he had until November 7, 2001 within which to file his petition. As the petition was actually filed on November 6, 2001, the same was filed within the extended period.

The contention has no merit. The resolution of October 24, 2001 granting petitioner an extension of thirty (30) days for filing a petition for review expressly stated that the period of extension was to be counted "from the expiration of the reglementary period." This meant, therefore, October 6, 2001. Hence, petitioner had until November 5, 2001 within which to file the petition.

In view of the late filing of the petition, the Court finds no need to discuss the other contentions raised by petitioner especially those relating to the merits of the case.

WHEREFORE , the Court RESOLVED to DENY with FINALITY the motion for reconsideration for lack of merit.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

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