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SUPREME COURT REPORTS ANNOTATED VOLUME 169 23/11/2017, 13:39

court correctly ruled

_______________

12 AppellantÊs Brief, pp. 32–34 (Rollo, p. 150).


13 Rollo, p. 148.

144

144 SUPREME COURT REPORTS ANNOTATED


Que vs. Intermediate Appellate Court

that although the petitioner had asked for an extension of


thirty days, which would have ended on January 28, 1979,
the recorded fact was that the extension granted was up to
January 29, 1979. The motion was filed on this date and so
it could not be faulted for tardiness. 14
On the last ground, however, the respondent court
sustained the private respondent. It held that the second
motion for reconsideration should have been denied for
being pro forma as it was a mere reiteration of the issues
previously raised and already decided by the trial court.
Accordingly, it annulled the amended decision based on the
second motion for reconsideration and reinstated the
original decision of Judge Puno.
The Court has carefully gone over the first and the
second motions for reconsideration and cannot agree with
the respondent court that the latter simply reproduces the
issues already raised and resolved in the first motion. We
find that the second motion not only restates and reargues
the first motion but also amplifies the same; and more than
that, it also invokes and supports other substantial
grounds not earlier raised
15
in the first motion.
In the first motion, the petitioner argued that there
was probable cause to justify his filing of the complaint for
estafa and that he had not been motivated by malice; that
the filing of the complaint for malicious prosecution in
Bulacan was intended to harass him because the plaintiff
was a resident of Caloocan City; and that there was 16
no
basis for the award of damages. In the second motion, the
petitioner augmented his claim that he had not filed the
estafa charge with malice; that he had probable cause
because the defendant had not gone beyond his own self-
serving statements to prove that he had stopped payment
of the checks because the goods delivered to him were

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