This case has been cited 1 times or more.
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2007-11-20 |
CARPIO, J. |
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| However, on 1 September 2000, A.M. No. 00-2-03-SC took effect amending Section 4, Rule 65 of the 1997 Rules of Civil Procedure whereby the 60-day period within which to file the petition starts to run from receipt of notice of the denial of the motion for reconsideration, if one is filed. This Court has in several cases[10] ruled that A.M. No. 00-2-03-SC, being a curative statute, should be applied retroactively. In the case of Narzoles v. NLRC, we explained the rationale for this retroactive application:The Court has observed that Circular No. 39-98 has generated tremendous confusion resulting in the dismissal of numerous cases for late filing. This may have been because, historically, i.e., even before the 1997 revision to the Rules of Civil Procedure, a party had a fresh period from receipt of the order denying the motion for reconsideration to file a petition for certiorari. Were it not for the amendments brought about by Circular No. 39-98, the cases so dismissed would have been resolved on the merits. Hence, the Court deemed it wise to revert to the old rule allowing a party a fresh 60-day period from notice of the denial of the motion for reconsideration to file a petition for certiorari. Earlier this year, the Court resolved, in A.M. No. 00-2-03-SC, to further amend Section 4, Rule 65 to read as follows: | |||||