Rule 52

MOTION FOR RECONSIDERATION

Sec. 1. Period for filing. - A party may file a motion for

reconsideration of a judgment or final resolution within fifteen
(15) days from notice thereof, with proof of service on the
adverse party. (n)

Q: Can a party file a motion for reconsideration of a CA decision?

A: YES. That is very obvious. (Section 1)

Sec. 2. Second motion for reconsideration. - No second motion

for reconsideration of a judgment of final resolution by the same
party shall be entertained. (n)

Q: Can you file more than one motion for reconsideration?

A: NO. No second motion for reconsideration of a judgment or final resolution by the same party
shall be entertained. (Section 2) There is no such thing as second motion for reconsideration.

Section 2 of Rule 52 is also in accord with Section 11 of the Judiciary law. Section 11 of the Judiciary law
governs how may times you can file a motion for reconsideration in the CA.

BP 129, Section 11. Quorum -

“xxxx A motion for reconsideration of its decision or final

resolution shall be resolved by the Court within ninety (90) days
from the time it is submitted for resolution and no second motion
for reconsideration from the same party shall be entertained.”

Under par. (3), the CA has 90 days from the time it is submitted for the resolution to rule on a
motion for reconsideration.

Sec. 3. Resolution of motion. - In the Court of Appeals, a

motion for reconsideration shall be resolved within ninety (90)
days from the date when the court declares it submitted for
resolution. (n)

The CA is given only 90 days to resolve a motion for reconsideration.

Sec. 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. (n)

Q: What happens when a judgment of the CA is the object of a motion for reconsideration? What happens to
the execution?
A: Stayed – it is not yet final unless the court for good reasons shall otherwise direct like when there is a
good ground to execute pending appeal.
 -oOo-
1997 Rules on Civil Procedure
2001 Edition <draft copy. pls. check for errors>Rule 52
Motion for Reconsideration

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Lakas Atenista
Ateneo de Davao University College of Law