Rule 52-Motion for Recon

1997 Rules on Civil Procedure 2001 Edition Rule 52 Motion for Reconsideration Rule 52 MOTION FOR RECONSIDERATION Sec. 1. Period for ﬁling. - A party may file a motion for reconsideration of a judgment or final resolution within fifteen (15) days from notice thereof, with proof of service on the adverse party. (n) Q: Can a party file a motion for reconsideration of a CA decision? A: YES. That is very obvious. (Section 1) Sec. 2. Second motion for reconsideration. - No second motion for reconsideration of a judgment of final resolution by the same party shall be entertained. (n) Q: Can you file more than one motion for reconsideration? A: NO. No second motion for reconsideration of a judgment or final resolution by the same party shall be entertained. (Section 2) There is no such thing as second motion for reconsideration. Section 2 of Rule 52 is also in accord with Section 11 of the Judiciary law. Section 11 of the Judiciary law governs how may times you can file a motion for reconsideration in the CA. BP 129, Section 11. Quorum - “xxxx A motion for reconsideration of its decision or final resolution shall be resolved by the Court within ninety (90) days from the time it is submitted for resolution and no second motion for reconsideration from the same party shall be entertained.” Under par. (3), the CA has 90 days from the time it is submitted for the resolution to rule on a motion for reconsideration. Sec. 3. Resolution of motion. - In the Court of Appeals, a motion for reconsideration shall be resolved within ninety (90) days from the date when the court declares it submitted for resolution. (n) The CA is given only 90 days to resolve a motion for reconsideration. Sec. 4. Stay of execution. - The pendency of a motion for reconsideration filed on time and by the proper party shall stay the execution of the judgment or final resolution sought to be reconsidered unless the court, for good reasons, shall otherwise direct. (n) Q: What happens when a judgment of the CA is the object of a motion for reconsideration? What happens to the execution? A: Stayed – it is not yet final unless the court for good reasons shall otherwise direct like when there is a good ground to execute pending appeal. Lakas Atenista Ateneo de Davao University College of Law 131

Upload
arah-bea-dela-pena
Category

Documents
view
218
download
1

Embed Size (px):

description

nmn

Transcript of Rule 52-Motion for Recon

Date: November 25, 1997

1997 Rules on Civil Procedure

2001 Edition Rule 52

Motion for Reconsideration

Rule 52

MOTION FOR RECONSIDERATION

Sec. 1. Period for filing. - A party may file a motion for reconsideration of a judgment or final resolution within fifteen (15) days from notice thereof, with proof of service on the adverse party. (n)

Q: Can a party file a motion for reconsideration of a CA decision?

A: YES. That is very obvious. (Section 1)

Sec. 2. Second motion for reconsideration. - No second motion for reconsideration of a judgment of final resolution by the same party shall be entertained. (n)Q: Can you file more than one motion for reconsideration?

A: NO. No second motion for reconsideration of a judgment or final resolution by the same party shall be entertained. (Section 2) There is no such thing as second motion for reconsideration.

Section 2 of Rule 52 is also in accord with Section 11 of the Judiciary law. Section 11 of the Judiciary law governs how may times you can file a motion for reconsideration in the CA.

BP 129, Section 11. Quorum -

xxxx A motion for reconsideration of its decision or final resolution shall be resolved by the Court within ninety (90) days from the time it is submitted for resolution and no second motion for reconsideration from the same party shall be entertained.

Under par. (3), the CA has 90 days from the time it is submitted for the resolution to rule on a motion for reconsideration.

Sec. 3. Resolution of motion. - In the Court of Appeals, a motion for reconsideration shall be resolved within ninety (90) days from the date when the court declares it submitted for resolution. (n)

The CA is given only 90 days to resolve a motion for reconsideration.

Sec. 4. Stay of execution. - The pendency of a motion for reconsideration filed on time and by the proper party shall stay the execution of the judgment or final resolution sought to be reconsidered unless the court, for good reasons, shall otherwise direct. (n)

Q: What happens when a judgment of the CA is the object of a motion for reconsideration? What happens to the execution?

A: Stayed it is not yet final unless the court for good reasons shall otherwise direct like when there is a good ground to execute pending appeal.

-oOo-

PAGE 131Lakas Atenista

Ateneo de Davao University College of Law