those of the Ombudsman Administrative Adjudication Bureau cannot, by itself, be
considered grave abuse of discretion, as the findings of the disciplining authority is
always subject to amendment, corrections or reconsideration. He concedes that the
Overall Deputy Ombudsman found him to have committed misconduct amounting to
sexual harassment. However, he points out that such finding of simple misconduct,
instead of grave misconduct, is supported by facts and circumstances, and such finding
is within sole discretion of the Overall Deputy Ombudsman over which the courts have
no authority to interfere. At any rate, he submits that his misconduct was not
motivated by a premeditated, obstinate or intentional purpose; hence, the extreme
penalty of dismissal is not warranted. Finally, he maintains that the issue of sexual
harassment is better addressed and resolved in the criminal case for violation of Section
3(a) of R.A. No. 787719 (docketed as Crim. Case No. 311165) pending before the
Metropolitan Trial Court of Makati, Branch 64, for to do so in an administrative
proceedings would be unfair, unjust and extremely unreasonable.
On the second issue, petitioner contends that the CA grossly erred in applying the two
prohibitions laid down in Habaluyas Enterprises, Inc. et al. v. Court of Appeals,20 which
was reiterated in Ma. Imelda Argel, et al. v. Court of Appeals, et al.,21i.e., the doctrine
that the 15-day period for filing an appeal is non-extendible, and the prohibition against
the filing of a motion for extension of time to file a motion for reconsideration in all
courts, except the Supreme Court. He insists that the denial of such motion for
extension should be based on the court's assessment of the grounds relied upon and
not on purely procedural technicality. He seeks to justify his urgent motion for
extension on the fact that, as Presiding Judge and Pairing Judge of the Metropolitan
Trial Court of Olongapo City, he was beset with pressures of work attending to
numerous court trials, preparation of court orders and decisions, and large volume of
case load. He prays for a liberal construction of procedural rules in order to assist the
parties in obtaining a just, speedy and inexpensive determination of every action or
proceeding.
There is no merit in the petition
The Court shall first delve on the procedural issue of the case. In Imperial v. Court of
Appeals,22 the Court ruled:
chanRoblesvi rtua lLawl ibra ry
In a long line of cases starting with Habaluyas Enterprises v. Japzon, we have laid down
the following guideline:
Beginning one month after the promulgation of this Resolution, the rule shall be strictly
enforced that no motion for extension of time to file a motion for new trial or
reconsideration may be filed with the Metropolitan or Municipal Trial Courts, the
Regional Trial Courts, and the Intermediate Appellate Court. Such a motion may be filed
only in cases pending with the Supreme Court as the court of last resort, which may in
its sound discretion either grant or deny the extension requested.
Thus, the general rule is that no motion for extension of time to file a motion for
reconsideration is allowed. This rule is consistent with the rule in the 2002 Internal
Rules of the Court of Appeals that unless an appeal or a motion for reconsideration or
new trial is filed within the 15-day reglementary period, the CA’s decision becomes
final. Thus, a motion for extension of time to file a motion for reconsideration does not
stop the running of the 15-day period for the computation of a decision’s finality. At the