SECOND DIVISION
[G.R. No. 246576. July 8, 2019.]
FELICITAS CABAIS, petitioner, vs.ESTERLINA CABAIS AND FLORANTE ANTONIO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated08 July 2019which reads as follows:
G.R. No. 246576 (Felicitas Cabais v. Esterlina Cabais and Florante Antonio)
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 September 28, 2018 and Resolution dated February 20, 2019.
Under Motion for Extension to File Petition for Review on Certiorari dated March 22, 2019, petitioner sought thirty (30) days or until April 21, 2019 within which to file the petition. But she filed it only on May 2, 2019 or eleven (11) days late.
Rule 45 of the Rules of Court provides that petitions for review on certiorari shall be filed within fifteen (15) from notice of the judgment, final order, or resolution appealed from, or of the denial of 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 HTcADC
As stated though, petitioner filed the petition late by eleven (11) days. Not only that. She sought another extension of ten (10) days which is prohibited by the rules, viz.: "the Supreme Court may for justifiable reasons grant an extension of thirty (30) days only within which to file the petition." Petitioner's failure to conform with the reglementary period renders the assailed decision and resolution final and executory. 2
In any event, petitioner filed the petition beyond the additional thirty (30) days and still moved for additional extension.
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 of the Philippines, G.R. No. 242107, January 16, 2019.