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.