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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The aggrieved party may move for reconsideration within the period for taking an appeal upon the grounds that the damages awarded are excessive, that the evidence is insufficient to justify the decision or final order, or that the decision or final order, or that the decision or final order is contrary to law. (Section 1, Rule 37 of the Revised Rules on Civil Procedure)
A motion for reconsideration is filed to convince the court that its ruling is erroneous and improper, contrary to the law or the evidence, thus affording the court ample opportunity to rectify the same. (Sps. Abayon v. Bank of the Philippine Islands, G.R. No. 249684, March 29, 2023)
Section 1 of Rule 37 of the Revised Rules on Civil Procedure provides that within the period for taking an appeal, the aggrieved party may move for reconsideration upon the grounds that the damages awarded are excessive, that the evidence is insufficient to justify the decision or final order, or that the decision or final order is contrary to law.
Under the rules, the motion shall be made in writing stating the ground or grounds therefor, a written notice of which shall be served by the movant on the adverse party. The motion for reconsideration shall point out specifically the findings or conclusions of the judgment or final order which are not supported by the evidence or which are contrary to law, making express reference to the testimonial or documentary evidence or to the provisions of law alleged to be contrary to such findings or conclusions.
However, the Rules specifically provide that a pro forma motion for new trial or reconsideration shall not toll the reglementary period of appeal.
Furthermore, the Rules prohibits the filing of a second motion for reconsideration of a judgment or final order.
An order denying a motion for reconsideration is not appealable, the remedy being an appeal from the judgment or final order.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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