OSCI moved for reconsideration39[39] of the above assailed CA Decision but the appellate court denied the same through the first assailed January 7, 2009 Resolution. While affirming its Decision, the CA held in its Resolution:   Finding no cogent or justifiable reason to set aside the Decision of this Court dated August 12, 2008 dismissing the instant petition, the motion for reconsideration filed by the petitioners is hereby not given due course.   WHEREFORE, the aforementioned decision is hereby AFFIRMED and REITERATED.   SO ORDERED.40[40]     OSCI then filed a Motion for Clarification41[41] considering that Bastol, the petitioner in CA-G.R. SP No. 100090, did not file a motion for reconsideration of the assailed Decision which did not dismiss Bastol’s petition, but instead annulled the NLRC dismissal of the instant case and reinstated the January 28, 1999 Labor Arbiter Decision.   On February 6, 2009, the CA issued the second assailed Resolution rectifying the first assailed Resolution of January 7, 2009. 39[39] Rollo, pp. 284-287, Motion for Reconsideration dated May 18, 2007. 40[40] Id. at 243-244. 41[41] Id. at 245-247, dated January 20, 2009.

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