Forever Young is one of a kind song. The words are right there so. There is no confusing what the meaning of this song. This is all about in our life. It tells that if we want to Live forever? It shows that life is so precious. Forever young is my all time favorite. This Song is very amazing. The lyrics and version of this song is very great. I want to stay young forever. I always be forever young. I dedicated this song to my beloved friends and especially to myself.

I love this song because this song reminds me of all the good and bad times I’ve had in my past. This song reminds me in so many ways. It brings back some childhood memories and feelings. I don’t associate this song to my love life as I was so young but when this became popular I feel emotional when I hear it. Every time I hear it I feel so sad. This Song always makes me cry because it reminds me a very important person in my life. I love this song very much probably one of the best ever song to me. I wish I could be forever young. I remember my past to this song, memories of my past.

I hope that every one of us want to be forever young like me .

==MangaBe==

Here is the lyrics:

Let's dance in style, lets dance for a while
Heaven can wait we're only watching the skies
Hoping for the best but expecting the worst
Are you going to drop the bomb or not?
Let us die young or let us live forever
We don't have the power but we never say never
Sitting in a sandpit, life is a short trip
The music's for the sad men
Can you imagine when this race is won
Turn our golden faces into the sun
Praising our leaders we're getting in tune
The music's played by the madman


Forever young, i want to be forever young
Do you really want to live forever, forever forever
Forever young, i want to be forever young
Do you really want to live forever
Forever young


Some are like water, some are like the heat
Some are a melody and some are the beat
Sooner or later they all will be gone
Why don't they stay young
It's so hard to get old without a cause
I don't want to perish like a fading horse
Youth is like diamonds in the sun
And diamonds are forever
So many adventures couldn't happen today
So many songs we forgot to play
So many dreams are swinging out of the blue
We let them come true

Forever young, i want to be forever young
Do you really want to live forever, forever forever
Forever young, i want to be forever young
Do you really want to live forever forever forever
Forever young, i want to be forever young
Do you really want to live forever, forever forever
Forever young, i want to be forever

More lyrics: http://www.lyricsfreak.com/a/alphaville/#share

Municipality of Parañaque vs. VM Realty
292 SCRA 676
Panganiban, J.:

FACTS:
Pursuant to a Sanggunian Bayan Resolution of the petitioner municipality, an expropriation complaint against the property of herein respondent “for the purpose of alleviating the living conditions of the underprivileged by providing homes for the homeless through a socialized housing project. The RTC of Makati authorized petitioner to take possession of subject property upon deposit to the court an amount of its fair market value. Respondent filed a counter claim alleging that the complaint failed to state a cause of action because it was filed pursuant to a resolution and not to an ordinance as required by RA 7160.”

ISSUE:
Whether or not the Resolution of the Municipal council is a substantial compliance of the statutory requirement of Section 19, RA 7160 in the exercise of the power of eminent domain.

RULING:
The power of eminent by LGU’s may be affected only by ordinance not by a mere resolution. The following essential requisites must concur before an LGU can exercise the power of eminent domain.
1. An ordinance is enacted by the local legislative council authorizing the local chief executive, in behalf of the LGU’s to exercise the power of eminent domain to pursue expropriation proceedings over a particular private property.
2. The power of eminent domain is exercised for public use, purpose or welfare, or for the benefit of the poor and the landless.
3. There is payment of just compensation, as required under Sec 9, Article III of the Constitution and other pertment.
4. A valid and definite offer has been previously made to the owner of the property sought to be expropriated, but said offer was not accepted.

In the case at bar, the first requisite that there must be an ordinance was not complied with by the local chief executive. A municipal ordinance is different from a resolution. An ordinance is a law, it possesses a general and permanent character while a resolution is temporary in nature.
The petition is hereby denied without prejudice to petitioner’s proper exercise of its power of eminent domain over subject property.

Favis vs. The City of Baguio & Shell Company of the Philippines
GRN L – 29910 April 25, 1969
29 SCRA 456
Sanchez, J.:

FACTS:
Antonio Favis owned a lot. His means of egress and ingress from his residence to a public street was donated by Assumption Convent Inc to the City of Baguio for road purposes. Adjacent there to is lot 25 which is leased to Shell where a service station is constructed. By virtue of a City Resolution, Lot “B” consisting of 100sqm was also leased to Shell, whereby a bigger gasoline station be constructed by the latter. Petitioner contested such lease made in favor of shell claiming that it would diminish the width of Lapu-Lapu street to five meters only from the original 8 meters. Moreover, he asserts that municipal bodies do not have the power to close city streets or no inherent power to vacate or withdraw a street from public use. The lower court ruled in the negative.

ISSUE:
Whether or not a municipal corporation such as the city of Baguio has the right to a street for public use.

RULING:
The court ruled that the city is empowered to close a city street as embodied in Section 2558 of the Baguio Charter, thus: “To provide for laying out, opening, extending, widening, straightening, closing up… in whole or in part... upon public or private property. The circumstances in some cases may be such as to give a right to damages to a property owner, even though his property does not abut on the closed section. But to warrant recovery in any such case the property owner must show that the situation is such that he has sustained special damages differing in from those sustained by kind and not merely in degree, the public generally.”
There was not private right that has been invaded. No special damage or damages will incur by reason of the closing of a portion of Lapu-lapu street at its dead-end. His property does not about that street. Costs against plaintiff-appellant.


MMDA vs. Garin
G.R. No. 130230 April 15, 2005
Chico – Nazario, J.:

FACTS:
Respondent Garin was issued a traffic violation receipt and his driver’s license was confiscated for parking illegally. Garin wrote MMDA Chairman Prospero Oreta requesting the return of his license and expressed his preference for case to be filed in Court. Without an immediate reply from the reply from the Chairman, Garin filed a complaint for preliminary injunction assailing among other that Sec 5(+) of RA 7942 violates the constitutional prohibition against undue delegation of legislative authority, allowing MMDA to fix and impose unspecified and unlimited fines and penalties. RTC rules in his favor directing MMDA to return Garin’s driver’s license and for MMDA to desist from confiscating driver’s license without first giving the driver to opportunity to be heard in an appropriate proceeding.

ISSUE:
Whether or not Sec 5(+) of RA 7942 which authorizes MMDA to confiscate and suspend or revoke driver’s license in the enforcement of traffic constitutional.

RULING:
The MMDA is not vested with police power. It was concluded that MMDA is not a local government unit or a public corporation endowed with legislative power and it has no power to enact ordinances for the welfare of the community.

Police power as an inherent attribute of sovereignty is the power vested in the legislative to make, ordain and establish all manner of wholesome and reasonable laws, statutes and ordinances either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth, and for subjects of the same.
There is no provision in RA 7942 that empowers MMDA or its council to “enact ordinances, approve resolutions and appropriate funds for the general welfare of the inhabitants of Metro Manila. All its functions are administrative in nature. It is an agency created for the purpose of laying down policies and coordinating with the various national government agencies, P.O., NGO’s and private sector for the efficient and expeditious delivery of services.”

A guest blogger for today.

This is from JustCalm. Read on.

“Who knows”? That’s my favorite song by Avril Lavigne from her first album “Let Go”. Well I like this song for the reason that I like the singer, especially her attitude or the way she looks at life. We, in a way have that thing in common, how we see life.

      This song is actually about life, taking chances, and doing what you need to do. Well the content of the song really speaks to me, because living for me would be so boring if you never try new things, you wouldn’t be living if you just sit all day just wondering the answers to the “what if’s?” in your mind. Being careful is wise, but being too careful will take you no where. It’s healthy to take risks once in a while, and if you fall look at it at a different perspective, use your mistakes as a lesson for you to choose more wisely next time, and tomorrow is a brand new day.

      Another highlight of this song that I like, is that it tells me to go and do my best in making my dreams into realities. Rise or fall, there is always a brand new day. I like it because I am a dreamer myself, as young as I am, I even draw the aerial view of my future house, and the car that I want, even this mini laptop that I’m using right now as I write this essay. At first I just keep on repeating that I really wanted a mini laptop, and I even say thanks to my mom for the laptop even before she bought it, or before she assured me that she was going to buy it for me. So I really just set my mind to it, showing her I deserve this laptop and of course praying for it every night.

      So that’s it then, a few of the reasons why I could relate to the song “who knows?” life really is worth living, even with all the risks, the ups and downs, and the rise and falls. I don’t just ask why, I ask myself why not? after all you’ll never know if you never try.

WHO KNOWS by Avril
Yeah Yeah Yeah-ya Yeah-ya
Why do you look so familiar
I could swear that I
Have seen your face before
I think I like that you seem sincere
I think I'd like to get
To know you a little bit more

I think there's something more
Life's worth living for

Who knows what could happen
Do what you do
Just keep on laughing
One thing's true
There's always a brand new day
I'm gonna live today like it's my last day

Yeah Yeah Yeah-ya Yeah-ya
How do you always have an opinion
And how do you always find
The best way to compromise
We don't need to have a reason
We don't need anything
We're just wasting time

I think there's something more
Life's worth living for

Who knows what could happen
Do what you do
Just keep on laughing
One thing's true
There's always a brand new day

Who knows what could happen
Do what you do
Just keep on laughing
One thing's true
There's always a brand new day
I'm gonna live today like it's my last day

Find yourself
'Cause I can't find you
Be yourself
Who are you?
Find yourself
'Cause I can't find you
Be yourself
Who are you?

Who knows what could happen
Do what you do
Just keep on laughing
One thing's true
There's always a brand new day

So you go and make it happen
Do your best
Just keep on laughing
I'm telling you
There's always a brand new day

Who knows what could happen
Do what you do
Just keep on laughing
One thing's new
There's always a brand new day
I'm gonna live today like it's my last day

http://www.sing365.com/music/lyric.nsf/Who-Knows-lyrics-Avril-Lavigne/21E0D056ECE26A9648256E3D00069806

Happy New Year Everyone! Let's remember the past for good time's sake and let's welcome 2011 high with optimism for goodness sake.

I read an article featured in Yahoo! News about this song and I am sharing the lyrics with you and for better understanding of the lyrics, which is an old English, I believe, please visit the website robertfrost.org.

Enjoy the New Year, Year of the Rabbit!

Auld Lang Syne


1788
Type: Poem
Should auld acquaintance be forgot,
And never brought to mind?
Should auld acquaintance be forgot,
And auld lang syne!

Chorus.-For auld lang syne, my dear,
For auld lang syne.
We'll tak a cup o' kindness yet,
For auld lang syne.

And surely ye'll be your pint stowp!
And surely I'll be mine!
And we'll tak a cup o'kindness yet,
For auld lang syne.
For auld, &c.

We twa hae run about the braes,
And pou'd the gowans fine;
But we've wander'd mony a weary fit,
Sin' auld lang syne.
For auld, &c.

We twa hae paidl'd in the burn,
Frae morning sun till dine;
But seas between us braid hae roar'd
Sin' auld lang syne.
For auld, &c.

And there's a hand, my trusty fere!
And gie's a hand o' thine!
And we'll tak a right gude-willie waught,
For auld lang syne.
For auld, &c.

Today is the last day of the year 2010 and I am ending this year's entry with a beautiful song I just heard today. I didn't have a second thought that this song was by Gloc9 and it is definitely worth blogging for me.

I was teary eyed while I was absorbing all the lyrics of the song. The lyrics is in Filipino, our language and I intend to translate it, but I have to suspend that for the moment. I just want to write about this song for the meantime and why I was close to tears when I heard this.

I have always been an advocate of loyalty and passion to our nation, to our beloved Philippines so that I could at least have a hope that something, if not everything will turn out fine in the end for our country.

The song talks about industrious people, professionals, learned people who leave our motherland for a greener pasture. In the academe, they call this "brain-drain" but to common people, this is understood to be settling for the "surplus". We just settle for what's left with us. Imagine visiting a hospital, public of private, being served by a fresh graduate, nurse. I don't intend to demean this profession, on the contrary, I so admire them, but we have to face the thought that the more matured and experienced nurses are leaving and the patients in pain will have no choice but to settle to the young nurses. The same goes to our Engineers, Teachers, Accountants or even our domestic helpers.

It is not a secret to what has happened to our country. The more professionals and industrious people leaving the country, chances are, the ruling elites, the traditional politicians, the greedy capitalists etc will have more "happy hour" in perpetuating their evil motives by simply lifting a finger and telling people what to do.

This song is so true, straightly detailing what is really happening in our country.

We are welcoming 2011 and we had changed political leaderships so in the coming new year, our hopes for the country will remain high, even higher. God bless Pilipinas.

The lyrics of the song from http://www.lyrics-buddy.com/2010/12/walang-natira-by-gloc-9/

Napakaraming nurse dito sa amin
ngunit bakit tila walang natira ahh
nagaabroad sila ahh
gusto kong (yumaman 5x)
nagaabroad sila ahh
gusto kong (yumaman 5x)
nagaabroad sila

yung bayang sinilangan ang pangalan ay Pinas
ngunit bakit parang puno na ang prutas ay pitas
nauubusan ng batas parang inamag na bigas
lumalakas na ang ulan ngunit ang payong ay butas
tumatakbo ng madulas mga pinuno ay ungas
sila lamang ang nakikinabang pero tayo ang utas
mga kabayan natin ay lumilipad, lumalabas
para pumunta ng ibang bansa at doon magtamas
ng kamay para lamang magkakalyo lang muli
ang pahinga’y iipunin para magamit pag-uwi
dahil doon sa atin mahirap makuha buri
mapahiran ng chokolate ang matamis na ngiti
ng anak na halos di nakilala ang ama
o ina na wala sa tuwing kaarawan nila
dadarating kaya ang araw na ito’y magiiba
kung hindi ka sigurado magisip-isip ka na
Napakaraming inhinyero dito sa amin
ngunit bakit tila walang natira ahh
napakaraming karpintero dito sa amin
ngunit bakit tila walang natira ahh
nagaabroad sila ahh
gusto kong (yumaman 5x)
nagaabroad sila ahh
gusto kong (yumaman 5x)
nagaabroad sila
mabuti kung mabuti ang kinakahinatnan
ang kapalaran ng lahat nang nakipagsapalaran
kahit nag-aalangan para lang sa kapakanan
ng mahal sa buhay ang sugal ay tatayaan
sasanlaan lahat ng kanilang pag-aari
mababawi din naman yan ang sabi pagnayari
ang proseso ng papeles para makasakay na sa eroplano
o barko kahit saan man papunta
basta kumita ng dolyar na ipapalit sa piso
ang isa ay katumbas ng isang dakot ng mamiso
ganyan ba ang kapalit ng buhay ng pilipino
kung lilisanin ang pamilya ang amo na kahit na sino
gugtumin, sasaktan, malalagay sa peligro
uwing nasa kahon ni wala man lang testigo
darating kaya ang araw na itoy mag-iiba
kung hindi ka sigurado magisip-isip ka na
Napakaraming kasambahay dito sa amin
ngunit bakit tila walang natira ahh
napakaraming labandera dito sa amin
ngunit bakit tila walang natira ahh
nagaabroad sila ahh
gusto kong (yumaman 5x)
nagaabroad sila ahh
gusto kong (yumaman 5x)
nagaabroad sila
subukan mong isipin kung gaano kabigat
ang buhat ng maleta halos hindi mo na maangat
ihahabilin ang anak para ito sa kanila
lalayo upang mag-alaga ng anak ng iba
matapos lamang sa kolehiyo mututubos din ang relo
bilhin mo na kung anong gustong laruan ni Angelo
matagal pa kontrato ko titiisin ko muna to
basta ang mahalaga ito’y para sa pamilya ko
Napakaraming guro dito sa amin
ngunit bakit tila walang natira ahh
napakaraming nurse dito sa amin
ngunit bakit tila walang natira ahh
nagaabroad sila ahh
gusto kong (yumaman 5x)
nagaabroad sila ahh
gusto kong (yumaman 5x)
nagaabroad sila
napakaraming tama dito sa atin
ngunit bakit tila walang natira ahh

thanks!
Happy new Year everyone! Mabuhay Pilipinas!

It's Christmas! I wanna share with you my most favorite Christmas song.

Chestnuts roasting on an open fire
Jack Frost nipping at your nose
Yuletide carols being sung by a choir
And folks dressed up like Eskimos.

Everybody knows a turkey and some mistletoe
Help to make the season bright
Tiny tots with their eyes all aglow
Will find it hard to sleep tonight.

They know that
He's bringing lots of toys and goodies on his sleigh
And every mother's child is gonna spy
To see if reindeer really know how to fly.

And so I'm offering this simple phrase
To kids from one to ninety-two
Although it's been said many times, many ways
Merry Christmas to you.

And so I'm offering this simple phrase
To kids from one to ninety-two
Although it's been said many times, many ways
Merry Christmas to you.

I got the lyrics from this site: http://www.christmas-songs.org/songs/chestnuts_roasting_on_an_open_fire.html

I love the classy way it was sung but the most memorable interpretation that keeps ringing in my ears is that of Karen Carpenters. I love her singing.

When I was little, I remember asking my mom, "What is a chestnut?"

Having been living in the province, 200 kilometers from the Capital City, I do not know what is a chestnut. During that time, I knew this thing - the chestnut - could only be known in Manila, not in the provinces, never in my hometown. When I finally got the chance to celebrate one Christmas with relatives in Manila, I got to see chestnut, not taste it.

I know we cannot afford to buy that thing or probably it was not an important food during Christmas eve, at least here in the Philippines. I remember seeing the way they cook it in a very big pan, which was very oily with tiny pieces of charcoal, I think. I am not really sure what was that thing they placed in the pan together with the nut.

Eventually, when finances of the family was leaning positive, my mom, whom I always begged for chestnut, finally bought home a bag of the nut one evening. I remember how excited I was to see it, taste it, savor it. That was Christmas and that was the very reason why I love this song.

Merry Christmas everyone! Happy Holidays to all!

DOMAGAS vs. JENSEN

GRN 158407 158407 January 17,2005

Callejo, Sr. J.:

FACTS:

Petitioner Domagas filed for a forcible entry case against Jensen. Summons and complaint were not served on respondent because the latter was apparently out of the country but it was received by respondent’s brother Oscar who was then at the respondent’s house. The trial court rendered a decision in favor of petitioner. Respondent did not appeal. August 20, 2000, respondent filed a complaint against petitioner for the annulment of the decision of MTC since the service of summons was ineffective, the respondent being out of the country. The RTC decided in favor of Jensen since there was no valid service of the complaint and summons. The CA affirmed the decision, ruling that the case was an ejectment case which is an action quasi in rem.

ISSUE:

Whether or not the action of petitioner in the MTC against respondent is an action in personam or quasi in rem.

RULING:

The action of the petitioner fro forcible entry is a real action and one in personam. The settled rule is that the aim and object of an action determine its character. Whether a proceeding is in rem or in personam or in quasi in rem is determined by its nature and purpose, and by these only. A proceeding in personam is a proceeding to enforce personal rights and obligations brought against the person and is based on the jurisdiction of the person, although it may involve his right, or the exercise of ownership of, specific property, or seek to compel him to control or dispose of it in accordance with the mandate of the court. The purpose of a proceeding in personam is to impose, through the judgment of a court, some responsibility or liability directly upon the person of the defendant. Of this character are suits to compel a defendant to specifically perform some act or actions to fasten a pecuniary liability on him. An action in personam is said to be one which has for its object a judgment against a person, as distinguished from a judgment against the proprietary to determine its state… Actions for recovery of real property are in personam.

v Actions quasi in rem deal with the status, ownership or liability of a particular property but which are intended to operate on these questions only as between the particular parties to the proceedings and not to ascertain or cut off the rights or interest of all possible claimants. The judgments therein are binding only upon the parties who joined in the action.

=======================

PAGTAKHAN et al. vs. Court of Industrial Relations

GRN L- 23867 June 10, 1971

Zaldivar, J.:

FACTS:

On May 30, 1964 La Perla (respondents) file a motion for reconsideration to the order of CIR judge which is adverse to the former, dated May 20, 1964. On June 18, 7964 employee-complaints filed their opposition to the motion for reconsideration and in turn, on July 7, 1964 respondents filed their reply to complaints’ opposition. The motion for reconsideration was heard on an argument before the CIR en banc on August 24, 1964. CIR en banc set aside the order of trial judge of May 20, 1964 and ordering the return of the case to the trial court for further proceedings.

ISSUE:

Whether or not the filing of a motion to reconsider an interlocutory order of a trial judge has the effect of automatically elevating the case from the sala of the CIR trial judge to the CIR en banc thereby suspending the proceedings before the trial court until the CIR en banc will have resolved the motion for reconsideration.

RULING:

We are of the considered view that the CIR en banc erred in holding that the trial judge should have suspended the hearing of the case upon the filing by the respondents of a motion for the reconsideration of the trial court’s order denying respondent’s motion to dismiss. It is the settled rule that an order denying a motion to dismiss action is an interlocutory order, and that interlocutory order is not appealable.

The settled rule that no appeal should be allowed from an interlocutory order… “to avoid multiplicity of appeals in a single action, which must necessarily suspend the hearing and decision on the merits of the case during the pendency appeal.” Thereby discouraging piecemeal appeals which delay the speedy disposition of the cases. The proceeding before one judge… which disposes of completely the case and gives an end to the litigation… unless the order is appealed… and the appeal should refer to a decision that is final which means a decision or order that has finally disposes of the pending action and nothing more can be done with it in the trial court.

Moran:

“… when the order of judgment does not dispose of the case completely but leaves something to be done, upon the merits, it is merely interlocutory.”

=================

QUELNAN vs. VHF PHILIPPINES

GRN 145911 July 7, 2004

Carpio-Morales, J.:

FACTS:

Petitioner purchased one condo unit from VHF from which he allegedly have overpaid in the amount of 270K. they agreed verbally to debit said amount for the purchase of another condo unit. Petitioner took possession of the second unit and later on found out that said unit was mortgaged and he was being charged the interests and penalties on the mortgage. An ejectment case was likewised filed against him. Petitioner failed to answer said case and after respondents presented the required documentary evidence. MeTC ordered his ejectment. Petitioner did not appeal this decision and he was in fact ejected from the unit. In 1994, petitioner filed a complaint for rescission (of the alleged verbal contract of sale) and damage against respondents. Petitioner’s counsel received the January 17, 1997 order declaring petitioner non-suited and accordingly dismissing the complaint on February 12, 1997. When petitioner’s counsel filed a manifestation and Ex-forte Motion, on January 24, 1997 an omnibus Motion to set aside said order, 12 days of the 15-day period had elapsed. The filing of the Omnibus Motion interrupted the period of appeal, and it began to run again when, on March 19, 1997 petitioner’s counsel received a copy of the Order of March 12, 1997 denying the Omnibus Motion.

ISSUE:

Whether or not the appeal on the Decision was timely.

RULING:

The denial of the motion for reconsideration of an order of dismissal of a complaint is not an interlocutory order, but a final order as it puts end to the particular matte resolved, or settles definitely the matter therein disposed of, and nothing is left for the trial court to do other than execute the order.

Nothing being an interlocutory order, an order denying a motion for reconsideration of an order of dismissal of a complaint is effectively an appeal of the order of dismissal itself.

The reference by petitioner, in his notice of appeal, to the March 12, 1999 order denying his omnibus Motion… should does be deemed to refer to the order of January 17, 1999 which declared him not-suited and accordingly dismissed his complaint.

If the proscription against appealing an order denying a motion for reconsideration is applied to any order, than there would have been no need to specially mention in the both sections of the Rules 39 & 41, there can be no mistaking that what is proscribed is to appeal from a denial of a motion for reconsideration of an interlocutory order.

===================

APUYAN vs. HALDEMAN

GRN 129980 September 20, 2004

Azcuna, J.:

FACTS:

Apuyan filed for a petition for quieting of title against respondents. Respondents filed on answer alleging among other that they have been in possession of their respective properties since 1962 and that petitioner produced his title to the property through fraud. The trial court ordered the hearing suspended until the termination of the proceedings before the DENR. After DENR ruled in favor of petitioner herein, RTC held parties into a pre-trial agreement and subsequently ruled that petitioner was guilty of fraud and misrepresentation while respondents are the owners of the land in question by virtue of the documentary and oral evidence, including the dismissal of the ejectment case filed by petitioner against respondents. Plaintiff received a copy of the decision on October 17, 1996 and filed a motion for reconsideration on time. Reconsideration was denied and an appeal notice therefrom was filed but RTC ruled that plaintiff failed to perfect his appeal thus the order become final and executor. CA observed that “the notice of appeal filed with trial court on January 14, 1997 was not form the decision, but from the order denying the motion for reconsideration which cannot be done. It stated that although the notice of appeal prayed for the elevation of the entire records to the CA, it did not cure the defect in the notice of appeal.

ISSUE:

Whether or not CA erred in holding that the inadvertent omission in the petitioner’s notice of appeal to include the RTC’s decision as being appealed from is fatal to petitioner’s appeal.

RULING:

We rule in the affirmnative.

Section 9 of Rule 37 and Section 1 of Rule 41 of the present Rules of Civil Procedure… provide:

Sec 37. Remedy against denying a motion for new trial or reconsideration. An order denying a motion for new trial or reconsideration is not appealable, the remedy being an appeal from the judgment or final order.

Sec 41. An appeal may be taken from a judgment or final order that completely disposes of the case, or of a particular matter therein when declared by these Rules to be appealable.

In the case at bar, we consider that an appeal from the order denying the motion for reconsideration of the judgment of the trial court as an appeal from a final order. Then trial court’s decision dated January 7, 1997 denying petitioner’s motion for reconsideration of the trial court’s decision dated October 9, 1996 is not an interlocutory order but a final order, as the trial court finally resolved therein the issues raised in the MR, which were already passed upon in the RTC’s decision. In effect, petitioner appealed from the final order of the trial court dated January 7, 1997 which appeal was filed on time.