NONYLON T. BUTACAN, PETITIONER, VS. THE PEOPLE OF THE PHILIPPINES AND NADINE DE GUZMAN, RESPONDENTS.

On October 1, 2014, petitioner filed a Motion for Reconsideration^[1] of Our Resolution dated September 15, 2014 denying her Motion for Extension of Time to File Petition for Review and dismissing the case for having been filed out of time.

Consequently, on December 12, 2014, the Office of the Solicitor General, in behalf of public respondent People of the Philippines, seasonably filed a Motion for Further Extension of Time to File Comment praying for an extension of thirty (30) days, or until January 12, 2015 within which to file Comment. Thus, the same is hereby GRANTED and the Comment filed on January 8, 2015, or within the period prayed for, is ADMITTED.

Meanwhile, petitioner, in her Motion for Reconsideration claims that there was a typographical error in her earlier motion for extension dated August 22, 2014. She claims that the actual receipt of the Order dated August 5, 2014 was actually on August 14, 2014,^[2] and not July 14, 2014, as reflected in her motion of extension. Thus, she has from August 14, 2014 until August 29, 2014 within which to file her Petition for Review.

Petitioner, as the records would show, has filed her Motion for Extension of Time to File Petition for Review on August 27, 2014,^[3] or within the fifteen-day reglementary period for filing an appeal. Hence, counting another extended period of fifteen days from August 29, 2014, petitioner has until September 13, 2014 within which to file her petition.

WHEREFORE, in the interest of substantial justice, petitioner’s Motion for Reconsideration is hereby GRANTED. Our Resolution dated September 15, 2014 is SET ASIDE and the above-entitled case is REINSTATED.

The Petition for Review seasonably filed by petitioner on September 12, 2014^[4] and its annexes are hereby ADMITTED to form part of the records of the case.

Without necessarily giving due course to the Petition, respondents are ordered to file their Comment on the Petition, not a motion to dismiss, within ten (10) days from notice, to which petitioner, may file a Reply, within five (5) days from receipt thereof. Upon submission of the aforesaid pleadings or the expiration of the period for filing the same, the Petition will be deemed submitted for decision, unless the Court requires the filing of Memoranda from the parties.

SO ORDERED.

Librea-Leagogo, C.C., Chairperson, and Sadang, M.Q.C., JJ., concur.

---

^[1] Rollo, pp. 114-118

^[2] Rollo, p. 38

^[3] Id. at 3-7

^[4] Id. at 11-113