As for the r
G.R. No. 184362 November 15, 2010
MILLENNIUM ERECTORS CORPORATION, Petitioner,
vs.
VIRGILIO MAGALLANES, Respondent.
G.R. No. 184362 November 15, 2010
And lest it be overlooked, the DOJ Secretary, when he
took cognizance of the petitioners motion for
reconsideration, effectively excepted such motion
from the operation of the aforequoted Section 13,
supra, of DOJ Circular No. 70, s. 2000. This show of
liberality is, to us, within the competence of the DOJ
Secretary to make, and the Court loathes to disturb
the same absent compelling proof, as here, that he
acted out of whim and that the petitioner was out to
delay the proceedings to the prejudice of AUB, as
private complainant in I.S. Nos. 05-01-00365 and 05-
03-02371, when he (petitioner) interposed his motion
for reconsideration. While perhaps not in all fours,
what the Court said in Yao v. Court of Appeals[15]
augurs well for the petitioner: