Thursday, June 18, 2009

Motion for Extension to File Motion for Reconsideration

Thus, the general rule is that no motion for extension of time to file a motion for reconsideration is allowed.

This rule, however, is not absolute and admits of exceptions based on a liberal reading of the rule.

In opting for the liberal application of the rules in the interest of equity and justice, the Court held that we “cannot look with favor on a course of action which would place the administration of justice in a straight jacket for then the result would be a poor kind of justice if there would be justice at all.”

We feel, too, that the petitioner can neither be faulted nor punished for the NPO’s act of releasing the April 3, 1995 issue early; it was a matter wholly outside the petitioner’s control given that this is a decision wholly for NPO to make. (Imperial v. Court of Appeals, G.R. No. 158093, June 5, 2009)

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