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Diaz vs.

Republic (signed by the Clerk of Court upon orders of the Court) denies or dismisses a
petition or motion for reconsideration for lack of merit, it is understood that the
G.R. No. 181502, February 2, 2010 assailed decision or order, together with all its findings of fact and legal
conclusions, are deemed sustained.
FACTS:

Petitioner’s late mother, Flora Garcia, filed an application for registration of a vast
tract of land. The CFI ruled in Garcia’s favor which the CA reversed and set aside.
Petitioner filed a motion for reconsideration. Ultimately, the parties entered into a
compromise agreement which the appellate court approved, in a resolution, and
directed the LRA to issue the corresponding decree of registration in petitioner’s
favor. However, the OSG filed a motion for reconsideration. Thereafter, CA issued
an amended resolution annulling the compromise agreement. Petitioner moved for
reconsideration but was denied. Petitioner filed a petition for review on certiorari
which was also denied. She moved for reconsideration. This motion was denied
with finality. Petitioner, however, insisted on filing a motion to lift entry of
judgment and motion for leave to file a second motion for reconsideration and to
refer the case to the SC en banc. The Court denied it considering that a second
motion for reconsideration is a prohibited pleading. Furthermore, the motion to
refer the case to the banc was likewise denied as the banc is not an appellate court
to which decisions or resolutions of the divisions may be appealed. Not one to be
easily deterred, petitioner wrote identical letters, first addressed to then Acting
Chief Justice Quisumbing and then to Chief Justice Puno himself. This letter/third
motion for reconsideration is denied.

ISSUE:

Whether the Court’s denial of petitioner’s complaint through a mere minute


resolution deprived her of due process.

HELD:

No. The Court is not duty-bound to issue decisions or resolutions signed by the
justices all the time. It has ample discretion to formulate ponencias, extended
resolutions or even minute resolutions issued by or upon its authority, depending
on its evaluation of a case, as long as a legal basis exists. When a minute resolution

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