467 Phil. 221
AZCUNA, J.:
In accordance with the aforementioned provision, IFCO nominated the Embassy of the Islamic Republic of Iran as payee. Petitioners herein allege before this Court that respondent FOP issued checks to the Iranian Embassy, but said checks were dishonored upon presentment for payment.[2] On the other hand, in their Memorandum,[3] respondents aver that FOP, through its manager, Jover Pontino, already paid IFCO, through its representative, Siros Solati. Allegedly, Jover Pontino paid Siros Solati on January 14, 1997 the amount of P2.5 million, representing fifty percent (50%) of IFCO’s share in the fish gross sales of F/V Azadegan 1 and F/V Azadegan 2. Respondents further claim that on the same date, Siros Solati requested Jover Pontino that payment of the remaining balance of P2.5 million be made to the Embassy of the Islamic Republic of Iran in Manila. Jover Pontino allegedly complied with the request and on the very same day, went to the PCI Bank in General Santos City to make arrangements for a telegraphic transfer of the remaining balance of P2.5 million to the account of the Iranian Embassy in Manila. Respondent herein Jover Pontino claims that he completed payment of P5 million pesos on that day.4. FOP shall immediately remit the money due to IFCO equivalent to 40% of the proceeds of the fishing venture through the account in Manila which will be nominated by IFCO, with best efforts commitment on FOP to transfer half of the said money within ten (10) days after the signing of this Agreement and the balance will be transferred within 10 days thereafter.[1]
Under the law[,] when a foreign government enters into a contract with a person, it waives its immunity from suit. In the instant case, defendant Embassy of Iran waived its immunity from suit when it became the payee of a check. Besides, defendants have already filed an answer to the original complaint. The amended complaint merely added a new defendant, the Industry Fishing Company of Iran.Petitioners herein received a copy of the Order on March 15, 2000. They filed a Motion for Reconsideration on March 24, 2000, but the same was denied in an Order dated April 19, 2000. Petitioners herein received the denial of the Motion for Reconsideration on May 22, 2000.
WHEREFORE, the motion to dismiss is DENIED.[6]
Sec. 4. Where and when petition to be filed. — The petition may be filed not later than sixty (60) days from notice of judgment, order or resolution sought to be assailed in the Supreme Court or, if it relates to the acts or omissions of a lower court or of a corporation, board, officer or person, in the Regional Trial Court exercising jurisdiction over the territorial area as defined by the Supreme Court. It may also be filed in the Court of Appeals whether or not the same is in aid of its jurisdiction or in the Sandiganbayan if it is in aid of its jurisdiction. If it involves the acts or omissions of a quasi-judicial agency, and unless otherwise provided by law or these Rules, the petition shall be filed in and cognizable only by the Court of Appeals.This Court later issued a Resolution en banc dated July 21, 1998 wherein the aforementioned provision was amended by adding the following paragraph:
If the petitioner had filed a motion for new trial or reconsideration in due time after notice of said judgment, order or resolution the period herein fixed shall be interrupted. If the motion is denied, the aggrieved party may file the petition within the remaining period, but which shall not be less than five (5) days in any event, reckoned from notice of such denial. No extension of time to file the petition shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days.This Court further amended the same provision in A.M. No. 00-2-03-SC, which took effect on September 1, 2000. The provision now reads:
Sec. 4. When and where petition filed. — The petition shall be filed not later than sixty (60) days from notice of the judgment, order or resolution. In case a motion for reconsideration or new trial is timely filed, whether such motion is required or not, the sixty (60) day period shall be counted from notice of the denial of said motion. [Emphasis supplied]In Systems Factors Corporation v. NLRC,[8] this Court declared that the amendment introduced under A.M. No. 00-2-03-SC is procedural or remedial in character, as it does not create new or remove vested rights, but only operates in furtherance of the remedy or confirmation of rights already existing. Procedural laws may be given retroactive effect to actions pending and undetermined at the time of their passage, there being no vested rights in the rules of procedure. In the present case, when the amendment providing that when a motion for reconsideration or new trial is filed, the sixty (60) day period shall be counted from notice of the denial of said motion took effect on September 1, 2000, the petition for certiorari before the CA was still pending and undetermined.
The petition shall be filed in the Supreme Court or, if it relates to the acts or omissions of a lower court or of a corporation, board, officer or person, in the Regional Trial Court exercising jurisdiction over the territorial area as defined by the Supreme Court. It may also be filed in the Court of Appeals whether or not the same is in aid of its appellate jurisdiction, or in the Sandiganbayan if it is in aid of its appellate jurisdiction. If it involves the acts or omissions of a quasi-judicial agency, unless otherwise provided by law or these Rules, the petition shall be filed in and cognizable only by the Court of Appeals.
No extension of time to file the petition shall be granted except for compelling reason and in no case exceeding fifteen (15) days.