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[G.R. No. 129713.
SPECIAL FIRST DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this
Court dated
G.R. No. 129713 (Cagayan de Oro Coliseum, Inc. vs. Court Appeals, et al.)
For resolution is private respondents' motion for leave to file a second motion for reconsideration, as well as petitioner's opposition thereto.
On 7 July 2003, the Court (Special First Division) conducted an oral
argument for the parties to argue on the sole issue of "whether or not to
grant the motion of respondents/movants for leave of court to file a second
motion for reconsideration of the resolution of October 2, 2000, which is a
prohibited pleading but which can be allowed by way of suspension of the rules,
if there are exceptionally strong compelling reasons warranting allowance of
the leave of court to file it." (Resolution of
After the oral argument, the parties were required to file simultaneously within ten days their respective memoranda to amplify or supplement their arguments on the issue.
The parties submitted their Memoranda.
After a meticulous evaluation of the arguments raised in the motion for leave to file a second motion for reconsideration and the opposition thereto, as well as those advanced by the parties during the oral arguments and in their respective Memoranda, the Court finds no cogent or compelling reason to grant the said motion. The basic issues raised have been sufficiently passed upon and resolved by the Court in its decision. No new substantive points have been proffered to warrant a second look on the matter.
ACCORDINGLY, for want of merit, the motion for leave to file a second motion for reconsideration is DENIED.
Let entry of judgment in this case be made in due course.
Very truly yours,
(Sgd.)ENRIQUETA ESGUERRA-VIDAL
Clerk of Court
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