Punzi's Corner Blog

Where yesterday we were mourning the loss of the impeachment cause, we now rejoice...the E-Vat is alive! (said the merchants because they have an excuse to increase their prices...)

But before they break out into song (and dance...), please note that the Supreme Court is very specific here in saying the temporary restraining order of the shall be lifted only upon the finality of decision.

This is an unprecedented move...

Normally, in a case involving a temporary restraining order and/or a writ of preliminary injuction, the injunctive remedy is lifted once the case is dismissed, even when appeal or a motion for reconsideration is still available to the losing party. But not in this case... but maybe useful to us in the future... oh well! Will this be a new trend? Will this qualification be available only to the Supreme Court or to lower courts as well? The Supremes better clarify this as soon as possible.

So when will this be?

According to Section 2, Rule 36 of the 1997 Revised Rules of Civil Procedure:

If no appeal or motion for new trial or reconsideration is filed within the time provided in these Rules, the judgment or final order shall forthwith be entered by the clerk in the book of entries of judgments. The date of finality of the judgment or final order shall be deemed to be the date of its entry. The record shall contain the dispositive part of the judgment or final order and shall be signed by the clerk, with a certificate that such judgment or final order has become final and executory.

This also applies to rulings/decisions of the Supreme Court.

The losing party in this case shall have 15 days to file a Motion for Reconsideration. This means every party (since the E-VAT issue is contained in more than one case) has that time from their respective receipts. Hence, the 15-period begins from the time the last losing party to receive its copy (by registered mail, unless the Supremes choose to cause personal service or delivery).

Then, the Supreme Court has to rule on the respective motions for reconsideration. Of course, it will do it in one fell swoop, just as it did here. When denied, the decision shall be entered in its book of judgments. Only then will the decision be final. Only then will the E-VAT be implemented.

From experience, this will take another 3 months (or more). But the Supreme Court can fast-track the ruling on the motions for reconsideration and we may have a final decision in about a month.

But, at least, that's still a month. And a lot can still happen in a month. I could come to a lot of money so I wouldn't worry about it anymore. Also, people hit the Lotto jackpot...but buy a ticket first.

You don't even have the right to dream of hitting jackpot if you don't make a bet. That's a given...