JONALLY SANTONINO, PLAINTIFF-APPELLEE, VS. BUKIDNON II ELECTRIC COOPERATIVE, INC., DEFENDANT-APPELLANT.

Decisions / Signed Resolutions September 10, 2014 TWENTY-THIRD DIVISION CONTRERAS, J.:


CONTRERAS, J.:


This is appellee’s Motion for Reconsideration[1] seeking the reversal of Our Decision[2] dated September 10, 2014, the dispositive portion[3] of which reads:

WHEREFORE, premises considered, the Appeal is hereby GRANTED. The assailed Resolution dated July 8, 2010 of the Regional Trial Court, Branch 10 of Malaybalay City in Special Civil Action No. 496-09 for Injunction with Prayer for Issuance of Temporary Restraining Order is REVERSED AND SET ASIDE.

SO ORDERED.

Appellant failed to file a comment or opposition despite due notice per CMIS Verification Report dated February 12, 2015.[4] Hence, appellant is deemed to have waived its right to file the same.

An examination of appellee’s motion for reconsideration reveals that the allegations therein are mere recapitulate of the arguments raised in the appeal, which were already considered and passed upon in rendering the assailed decision. Appellee failed to present compelling reason to warrant a reversal of the assailed decision. Hence, the motion for reconsideration is hereby DENIED sans comment or opposition.

SO ORDERED.

Lloren, J., Ch., and Santos, JJ., concur.


[1] Rollo, pp. 109-116

[2] Rollo, pp. 95-106

[3] Rollo, p. 105

[4] Rollo, front cover