SUPREME COURT MOTION FOR RECONSIDERATION - InterAksyon
SUPREME COURT MOTION FOR RECONSIDERATION - InterAksyon
SUPREME COURT MOTION FOR RECONSIDERATION - InterAksyon
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16. Equally important, the Honorable Court acted upon the said letters by<br />
peremptorily recalling the 07 September 2011 Resolution of the Second Division<br />
without giving FASAP the opportunity to comment on or oppose the said letters.<br />
17. Notice and hearing, the rudimentary elements of due process, are thus<br />
clearly absent under the circumstances. Again, this notwithstanding that the recall<br />
order adversely affects the substantive rights of FASAP’s retrenched members.<br />
IV.<br />
THE RECALL OF THE 07 SEPTEMBER 2011 RESOLUTION<br />
IN THE INSTANT ADMINISTRATIVE MATTER IS NOT A<br />
VALID EXERCISE OF THE HONORABLE <strong>COURT</strong>’S<br />
FUNCTIONS, WHETHER JUDICIAL OR ADMINISTRATIVE.<br />
18. There is nothing in the Constitution, or in any law or rule for that<br />
matter, which grants the Honorable Court the authority to “recall” a final and<br />
executory judgment, such as the 07 September 2011 Resolution.<br />
19. Article VIII, section 5 (2) defines scope of the appellate jurisdiction of<br />
the Court as follows:<br />
“(2) Review, revise, reverse, modify, or affirm on appeal or<br />
certiorari, as the law or the Rules of Court may provide, final<br />
judgments and orders of lower courts in:<br />
(a) All cases in which the constitutionality or validity of any<br />
treaty, international or executive agreement, law, presidential<br />
decree, proclamation, order, instruction, ordinance, or<br />
regulation is in question.<br />
(b) All cases involving the legality of any tax, impost,<br />
assessment, or toll, or any penalty imposed in relation thereto.<br />
(c) All cases in which the jurisdiction of any lower court is in<br />
issue.<br />
(d) All criminal cases in which the penalty imposed is reclusion<br />
perpetua or higher.<br />
(e) All cases in which only an error or question of law is<br />
involved.”