1997 Rules on Civil Procedure 2001 Edition <draft copy. pls.

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Rule 52 MOTION FOR RECONSI ER!TION

Rule 52 Motion for Reconsideration

Sec. ". Period for filing. # ! party $ay f%le a $ot%o& for reco&s%derat%o& of a 'ud($e&t or f%&al resolut%o& )%th%& f%ftee& *"5+ days fro$ &ot%ce thereof, )%th proof of ser-%ce o& the ad-erse party. *&+ Q: Can a party file a motion for reconsideration of a CA decision? A: YES. That is very obvious. (Section ! Sec. 2. Second motion for reconsideration. # No seco&d $ot%o& for reco&s%derat%o& of a 'ud($e&t of f%&al resolut%o& .y the sa$e party shall .e e&terta%&ed. *&+ Q: Can you file more than one motion for reconsideration? A: "#. "o second motion for reconsideration of a $ud%ment or final resolution by the same party shall be entertained. (Section &! There is no such thin% as second motion for reconsideration. Section & of 'ule (& is also in accord )ith Section of the *udiciary la). Section %overns ho) may times you can file a motion for reconsideration in the CA. /0 "21, Sect%o& "". Quorum # 23333 ! $ot%o& for reco&s%derat%o& of %ts dec%s%o& or f%&al resolut%o& shall .e resol-ed .y the Court )%th%& &%&ety *14+ days fro$ the t%$e %t %s su.$%tted for resolut%o& a&d &o seco&d $ot%o& for reco&s%derat%o& fro$ the sa$e party shall .e e&terta%&ed.5 +nder par. (,!- the CA has ./ days from the time it is submitted for the resolution to rule on a motion for reconsideration. Sec. 6. Resolution of motion. # I& the Court of !ppeals, a $ot%o& for reco&s%derat%o& shall .e resol-ed )%th%& &%&ety *14+ days fro$ the date )he& the court declares %t su.$%tted for resolut%o&. *&+ The CA is %iven only ./ days to resolve a motion for reconsideration. Sec. 7. Stay of execution. # The pe&de&cy of a $ot%o& for reco&s%derat%o& f%led o& t%$e a&d .y the proper party shall stay the e3ecut%o& of the 'ud($e&t or f%&al resolut%o& sou(ht to .e reco&s%dered u&less the court, for (ood reaso&s, shall other)%se d%rect. *&+ Q: 0hat happens )hen a $ud%ment of the CA is the ob$ect of a motion for reconsideration? 0hat happens to the e1ecution? A: Stayed 2 it is not yet final unless the court for %ood reasons shall other)ise direct li3e )hen there is a %ood %round to e1ecute pendin% appeal. 4o#o4 of the *udiciary la)

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