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The Court subsequently denied the respondents motion for reconsideration, giving rise to the present 2nd motion for reconsideration. The absolute terms of this Rule is tempered by Section 3, Rule 15 of the Internal Rules of the Supreme Court that provides: Sec. There is reconsideration "in the higher interest of justice" when the assailed decision is not only legally erroneous, but is likewise patently unjust and potentially capable of causing unwarranted and irremediable injury or damage to the parties.
It was at this point that the OSG moved for leave to intervene. The governing rules on2nd motions for reconsideration The basic rule governing 2nd motions for reconsideration is Section 2, Rule 52 (which applies to original actions in the Supreme Court pursuant to Section 2, Rule 56) of the Rules of Court. A second motion for reconsideration can only be entertained before the ruling sought to be reconsidered becomes final by operation of law or by the Courts declaration.
Republic of the Philippines SUPREME COURTBaguio City EN BANC G. This motion prays as well for the holding of oral arguments.
164195 April 5, 2011 APO FRUITS CORPORATION and HIJO PLANTATION, INC., Petitioners, vs. R E S O L U T I O N BRION, J.: We resolve Land Bank of the Philippines (LBPs) 2nd Motion for Reconsideration of December 14, 2010 that addresses our Resolutions of October 12, 2010 and November 23, 2010.
Despite the entry of judgment, the present petitioners filed a second motion for reconsideration that prayed as well that the case be referred to the Court en banc.
Finding merit in these motions, the Third Division referred the case to the En Banc for its disposition.
This case involves the governments agrarian reform program whose success largely depends on the willingness of the participants, both the farmers-beneficiaries and the landowners, to cooperate with the government.Inevitably, if the government falters or is seen to be faltering through lack of good faith in implementing the needed reforms, including any hesitation in paying the landowners just compensation, this reform program and its objectives would suffer major setbacks.That the governments agrarian reform program and its success are matters of public interest, to our mind, cannot be disputed as the program seeks to remedy long existing and widespread social justice and economic problems.Justice Abads observations, and proceeded to vote on the question of whether to entertain the respondents present 2nd motion for reconsideration.The vote was 9 to 2, with 9 Members voting not to entertain the LBPs 2nd motion for reconsideration.