Sylianteng v. Union Bank of the Philippines

SECOND DIVISION

[G.R. No. 236049. March 5, 2018.]

ROBERTO SYLIANTENG, LORRAINE SYLIANTENG, CESAR SYLIANTENG, CLARITA S. TANG, PATRICK TANG, FREDERICK TANG, ALBERT TANG, AND HELEN TANG, petitioners,vs. UNION BANK OF THE PHILIPPINES AND RAYMOND BUÑAG, respondents.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, Second Division, issued a Resolution dated05 March 2018which reads as follows: TIADCc

"G.R. No. 236049 (Roberto Sylianteng, Lorraine Sylianteng, Cesar Sylianteng, Clarita S. Tang, Patrick Tang, Frederick Tang, Albert Tang, and Helen Tang v. Union Bank of the Philippines and Raymond Buñag)

After a judicious study of the case, the Court resolves to DENY the instant petition and AFFIRM the March 24, 2017 Amended Decision 1 and December 15, 2017 Resolution 2 of the Court of Appeals (CA) in CA-G.R. CV No. 101661 for failure of petitioners Roberto Sylianteng, Lorraine Sylianteng, Cesar Sylianteng, Clarita Tang, Patrick Tang, Frederick Tang, Albert Tang, and Helen Tang (petitioners) to sufficiently show that the CA committed any reversible error in denying their Motion for Issuance of Entry of Judgment.

As correctly ruled by the CA, the motion for reconsideration (MR) dated April 17, 2017 of respondent Union Bank of the Philippines (UBP) was filed in relation to its March 24, 2017 Amended Decision, not to the July 19, 2016 Decision; as such, the April 17, 2017 MR is not a second MR of a judgment or final resolution filed by the same party which is prohibited by Section 2, 3 Rule 52 of the Rules of Court (Rules).

Under Section 1, Rule 52 of the same Rules, a party may seek reconsideration of a judgment or final resolution within fifteen (15) days from notice thereof. If no appeal or motion for new trial or reconsideration is filed within this 15-day period, the judgment or final resolution shall become final and executory and shall forthwith be entered by the clerk of court in the book of entries of judgments, per Section 10, 4 Rule 51 of the same Rules. UBP's timely filing of its MR of the CA's March 24, 2017 Amended Decision, in this case, tolled the running of the 15-day reglementary period for the finality of the decision. Accordingly, the CA did not err in denying petitioners' Motion for Issuance of Entry of Judgment as the CA's March 24, 2017 Amended Decision had not yet become final and executory for entry of judgment to issue.

SO ORDERED."

Very truly yours,

(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court

By:

TERESITA AQUINO TUAZONDeputy Division Clerk of Court

 

Footnotes

1.Rollo, pp. 227-241. Penned by Associate Justice Maria Elisa Sempio Diy with Associate Justices Ramon M. Bato, Jr. and Manuel M. Barrios concurring.

2.Id. at 84-88.

3. SEC. 2. Second motion for reconsideration. — No second motion for reconsideration of a judgment or final resolution by the same party shall be entertained.

4. SEC. 10. Entry of judgments and final resolutions. — If no appeal or motion for new trial or reconsideration is filed within the time provided in these Rules, the judgment or final resolution shall forthwith be entered by the clerk in the book of entries of judgments. The date when the judgment or final resolution becomes executory shall be deemed as the date of its entry. The record shall contain the dispositive part of the judgment or final resolution and shall be signed by the clerk, with a certificate that such judgment or final resolution has become final and executory.