MOTIONS FOR RECONSIDERATION

Section 1. Contents. — A motion for reconsideration shall state the

material dates showing that it is filed on time, and set forth the grounds
therefor. A motion for consideration without any showing on its face that
it was filed on time may be denied outright. (SEC. 1, Rule 9, RIRCA)
Section 2. Time for Filing. — The motion for reconsideration shall be
filed within the period for taking an appeal from the decision or resolution,
and a copy thereof shall be served on the adverse party. The period for
filing a motion for reconsideration is non-extendible.
Section 3. Second Motion for Reconsideration. — No second motion for
reconsideration from the same party shall be entertained. However, if the
decision or resolution is reconsidered or substantially modified, the party
adversely affected may file a motion for reconsideration within fifteen
(15) days from notice. (SEC. 3, Rule 9, RIRCA)
Section 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. (SEC. 4, Rule
52, RCP)
Section 5. Who Shall Act on Motion for Reconsideration. —
a. A motion for reconsideration of a decision or resolution shall be acted
upon by the ponente and the other members of the Division whether
special or regular, or whether a Division of three of five, who participated
in the rendition of the decision or resolution sought to be reconsidered,
irrespective of whether or not such members are already in other Divisions
at the time the motion for reconsideration is filed or acted upon.
b. If the ponente is no longer a member of the Court, or has disqualified
or inhibited himself from acting on the motion, he shall be replaced by
another Justice who shall be chosen by raffle from among the remaining
members of the Division who participated in the rendition of the decision
or resolution, and the resulting vacancy or vacancies therein shall be filled
by the raffle from among the other members of the Court.
c. If only one member of the Court who participated in the rendition of
decision or resolution remains, the motion shall be sent to him by the
Raffle Committee and he shall act on the motion with the members of the
Division to which he belongs.
d. If the ponente and all the members of the Division that rendered the
decision or resolution are no longer members of the Court, the case shall
be raffled to any member of the Court and the motion shall be acted by
him with the participation of the other members of the Division to which
he belongs. (SEC. 5, Rule 9, RIRCA)
Section 6. Comment and Period to Resolve. — The adverse party may be
required to comment on the motion for reconsideration within ten (10)
days from notice. (N)
A motion for reconsideration shall be resolved within ninety (90) days
from the date when the Court declares it submitted for resolution. (SEC.
3, Rule 52, RCP)
Section 7. Effect of Filing an Appeal in the Supreme Court. — No
motion for reconsideration or rehearing shall be acted upon if the
movant has already filed in the Supreme Court a petition for review on
certiorari or a motion for extension of time to file such petition. If such
petition is subsequently filed, the motion for reconsideration pending in
this Court shall be deemed abandoned. (SEC. 8, Rule 9, RIRCA)