SECOND DIVISION
[G.R. No. 245940. June 26, 2019.]
JUANITO K. AMPAGUEY, petitioner, vs.SANDIGANBAYAN [FIRST DIVISION] AND DICK LEE ONG, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated26 June 2019which reads as follows:
"G.R. No. 245940 (Juanito K. Ampaguey v. Sandiganbayan [First Division] and Dick Lee Ong)
The Court resolves to DENY the petition for review on certiorari for having been filed out of time and in view of the finality of the assailed Decision dated January 11, 2018 and Resolution dated March 12, 2019.
Under petitioner's Motion for Extension of Time to File a Petition for Review on Certiorari dated April 2, 2019, petitioner sought for an extension of thirty (30) days or until May 3, 2019 within which to file his petition. But he filed it only on May 7, 2019 or four (4) days late. HTcADC
Rule 45 of the Rules of Court provides that petitions for review on certiorari shall be filed within fifteen (15) days from notice of the judgment, final order or resolution appealed from, or of the denial of the petitioner's motion for new trial or reconsideration. On motion duly filed and served, the Court may, for justifiable reasons, grant an extension of thirty (30) days only within which to file the petition. 1 By its tenor, the provision bars further requests for additional time beyond thirty (30) days.
As stated though, petitioner filed his petition late by four days. Not only that. He sought another extension which precisely is prohibited by the rules. Petitioner's failure to conform with the reglementary period renders the assailed decision and resolution final and executory. 2
SO ORDERED."
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. Section 2, Rule 45, Rules of Court.
2.Petalver v. People, G.R. No. 242107, January 16, 2019.