Prohibition of second, subsequent motion for reconsideration

In McBurnie v. Ganzon,[1] the Supreme Court emphasized that second and subsequent motions for reconsideration are, as a general rule, prohibited. Section 2, Rule 52 of the Rules of Court provides that "no second motion for reconsideration of a judgment or final resolution by the same party shall be entertained." The rule rests on the basic tenet of immutability of judgments. "At some point, a decision becomes final and executory and, consequently, all litigations must come to an end."The general rule, however, against second and subsequent motions for reconsideration admits of settled exceptions. In Neypes v. Court of Appeals,[2] the High Court declared:
In setting aside technical infirmities and thereby giving due course to tardy appeals, we have not been oblivious to or unmindful of the extraordinary situations that merit liberal application of the Rules. In those situations where technicalities were dispensed with, our decisions were not meant to undermine the force and effectivity of the periods set by law. But we hasten to add that in those rare cases where procedural rules were not stringently applied, there always existed a clear need to prevent the commission of a grave injustice. Our judicial system and the courts have always tried to maintain a healthy balance between the strict enforcement of procedural laws and the guarantee that every litigant be given the full opportunity for the just and proper disposition of his cause.[3]

[1] McBurnie v. Ganzon, G.R. Nos. 178034 and 178117, and 186984-85, October 17, 2013, 707 SCRA 646, 664, citing Verginesa-Suarez v. Dilag, 671 Phil. 222, 228 (2011). 

[2] 506 Phil. 613. (2005).

[3] Neypes v. Court of Appeals, supra, at 625-626.

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