Showing posts with label Inc. CTA EB NO. 2316. Show all posts
Showing posts with label Inc. CTA EB NO. 2316. Show all posts

CIR v. Getz Pharma (Phils.), Inc.

 

CIR v. Getz Pharma (Phils.), Inc.

CTA EB NO. 2316

May 16, 2022

Doctrine:

It is well-settled that a Motion for Reconsideration containing a mere

rehash of grounds and arguments that have already been considered and

resolved by the Court before the Decision sought to be reconsidered is

rendered does not need a new judicial determination.

Facts:

For the Court's resolution is petitioner's Motion for Reconsideration• ("Motion"), filed via registered mail on 28 February 2022 and received by the Court on 9 March 2022, with respondent's Comment (Re: Motion for Reconsideration dated February 28, 2022)2 ("Comment"), filed on 4 April 2022. In his Motion, petitioner seeks the reversal and setting aside of this Court's Decision3 ("Assailed Decision").

Issue:

Whether or not the motion for reconsideration should be granted.

Held: 

No. It is well-settled that a Motion for Reconsideration containing a mere rehash of grounds and arguments that have already been considered and resolved by the Court before the Decision sought to be reconsidered is rendered does not need a new judicial determination.9 The Court need not "cut and paste" pertinent portions of the Decision or re-write the ponencia in accordance with the outline of the Motion for Reconsideration. Therefore, there is no necessity to discuss and rule again on these grounds since this would be a useless formality of ritual invariably involving merely a reiteration of the reasons for rejecting the arguments advanced by the movant already set forth in the judgment.