Motion for reconsideration abandoned if petition for review

The Internal Rules of the Court of Appeals clearly provide that a subsequent motion for reconsideration shall be deemed abandoned if the movant filed a petition for review or motion for extension of time to file a petition for review before the Supreme Court; while the Office of the Solicitor General can be faulted for filing a motion instead of a mere manifestation, it cannot be faulted for presuming that the Court of Appeals would follow its Internal Rules as a matter of course; Rule VI, Sec. 15 of the Internal Rules of the Court of Appeals is provided for precisely to prevent forum shopping. (Eversley Childs Sanitarium vs. Sps. Barbarona, G.R. No. 195814, April 04, 2018)

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