This case has been cited 1 times or more.
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2003-06-20 |
QUISUMBING, J. |
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| Sec. 7. Partial new trial or reconsideration. If the grounds for a motion under this Rule appear to the court to affect the issues as to only a part, or less than all of the matters in controversy, or only one, or less than all, of the parties to it, the court may order a new trial or grant reconsideration as to such issues if severable without interfering with the judgment or final order upon the rest. (Emphasis supplied.) It is clear from the foregoing rules that a judge can order a partial reconsideration of a case that has not yet attained finality. Considering that private respondent filed a motion for reconsideration within the reglementary period, the trial court's decision of July 14, 1999 can still be modified. Moreover, in Sañado v. Court of Appeals,[16] we held that the court could modify or alter a judgment even after the same has become executory whenever circumstances transpire rendering its decision unjust and inequitable, as where certain facts and circumstances justifying or requiring such modification or alteration transpired after the judgment has become final and executory[17] and when it becomes imperative in the higher interest of justice or when supervening events warrant it.[18] In our view, there are even more compelling reasons to do so when, as in this case, judgment has not yet attained finality. | |||||