DENIAL BY MINUTE RESOLUTION

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Finally, We now come to the third argument regarding the denial of the petition by a minute resolution. Although, petitioner in his Reply, thru his counsel, Atty. Joanes G. Caacbay has never questioned the power of this Court to deny petition for review by the issuance of a mere minute resolution as there is, no violation whatsoever of the provisions of the Constitution and at the same time, same counsel disowns having knowledge or a hand in the preparation of the motion for reconsideration which was prepared by a certain Atty. Victor T. Avena, We deemed it worthwhile to mention here the case of In Re: Almacen, 31 SCRA 562, 574 where We held that:

"Six years ago in Novino, et al. vs. Court of Appeals, et al., L-21098, May 31, 1963 (60 O.G. 8099), this Court through the then Chief Justice Cesar Bengzon, articulated its considered view on this matter. There, the petitioner's counsel urged that a "lack of merit" resolution violates Section 12 of Article VIII of the Constitution Said Chief Justice Bengzon:

"In connection with identical abort resolutions, the same question has been raised before; and we held that these `resolutions' are not `decisions' within the above constitutional requirement. They merely hold that the petition for review should not be entertained in view of the provisions of Rule 46 of the Rules of Court; and even ordinary lawyers have all this time so understood it. It should be remembered that a petition to review the decision of the Court of Appeals is not a matter of right, but of sound judicial discretion; and so there is no need to fully explain the court's denial. For one thing, the facts and the law are already mentioned in the Court of Appeals' opinion."

WHEREFORE, premises considered, the motion for reconsideration of the denial of the instant petition for certiorari, is hereby DENIED.

 Justice Paras, SECOND DIVISION, VICTOR QUE, petitioner, vs. PEOPLE OF THE PHILIPPINES and INTERMEDIATE APPELLATE COURT, respondents, [G.R. Nos. 75217-18.  September 21, 1987.]

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