LUCAS V. JUDGE FABROS 31 Jan. 2000
Facts: The civil case involving P
and D was dismissed for failure of P and his counsel to appear at the preliminary conference. D then complained because the judge granted P’s motion for
reconsideration.
Issue: Whether the judge was in error when she granted the motion for reconsideration
Held: No. As a rule, a motion for reconsideration is a prohibited pleading under Sec. 19 of the Revised Rules on Summary Procedure. This rule, however, applies only where the judgment sought to be reconsidered is one rendered on the
merits. Here, the order of dismissal is not a judgment on the merits of the case. Hence, a motion for the reconsideration of such order is not the prohibited pleading contemplated under Sec. 19 of the rule on Summary Procedure.