De Roy vs CA

Facts:

·         Respondent court denied the motion for reconsideration filed by petitioner, applying the Habaluyas rule that the 15-day period for appealing or for filing for motion for reconsideration cannot be extended

·         Petitioner contended that Habaluyas rule, stating that the same should not be made to apply to the case because of the non publication of the Habaluyas case decision in the OG as of the time the CA decision was promulgated

Issue:

·         W/N Habaluyas rule is not binding and have no force and effect due to lack of its publication in the OG?W/N respondent court erred/ exercised grave abuse of discretion in applying Habaluyas rule in this case?

Held:

·         Habaluyas rule is binding and effective. There is no law requiring the publication of SC decisions in the OG before they can be binding, it is in fact the duty of the lawyer to keep abreast of SC decisions.

·         CA did not err/exercise grave abuse of discretion in applying the Habaluyas rule