GRACIA R. JOVEN, petitioner, vs. COURT OF APPEALS, HON. MANUEL A. PATRON, in his capacity as Presiding Judge of the RTC, Branch 59, Lucena City, Roberto Paguia & Fernando Lasala, respondents. G.R. No. 80739, August 20, 1992.
“x x x.
The respondent court also sustained the ruling of the Regional Trial Court that the motion for reconsideration filed by the petitioner with the Municipal Circuit Trial Court did not stop the running of the reglementary period to appeal because such motion was a prohibited pleading under Section 15 (c) ** of the Rule on Summary Procedure. Its conclusion was that the Municipal Circuit Trial Court had already lost jurisdiction to issue the resolution dated July 11, 1986, because the decision sought to be reconsidered had then become already final and executory.
We do not agree. The Municipal Circuit Trial Court did not err in holding that the motion for reconsideration was not covered by the prohibition under Section 15 (c). The motion prohibited by this section is that which seeks reconsideration of the judgment rendered by the court after trial on the merits of the case. 5 The decision dismissing the petitioner's ejectment case for lack of jurisdiction was not an adjudication on the merits. Review thereof could therefore be sought by the petitioner through her motion for reconsideration and this motion, which was not pro forma, had the effect of suspending the running of the period to appeal.
X x x.”
