G.R. No. L-27294 - Roa, Jr. vs. Court of Appeals

On December 15, 1995, the Court of Appeals promulgated its decision in People of the Philippines v. Reynaldo Cartalla y Abasolo (CA GR No. 15386).
On January 12, 1996, petitioner Dra. Josefa E. Nepomuceno filed a motion for reconsideration of that decision.
Acting on the motion, the Court of Appeals, on January 23, 1996, directed the Office of the Solicitor General (OSG) to file a comment within ten (10) days.
The OSG eventually filed its comment on June 4, 1996—an action which petitioner later contested as being untimely, arguing that it was filed after the fixed period fixed by the Court of Appeals’ Resolution dated May 17, 1996.
While the motion for reconsideration was pending, on June 19, 1996, petitioner submitted a “Motion To Strike Off the Record the OSG’s Comment dated June 4, 1996.”
The Court of Appeals, on September 20, 1996, denied both the motion to strike the comment and the motion for reconsideration. Its resolution noted that subsequent resolutions (including one dated June 10, 1996) had extended the deadline for the OSG’s filing, rendering its June 4 comment timely.
Petitioner then sought relief from the Supreme Court, contending that the CA had committed grave abuse of discretion by denying her motions.

Whether or not the Court of Appeals committed grave abuse of discretion in denying the petitioner’s motion to strike off the OSG’s comment and her motion for reconsideration.
Whether the OSG’s comment, filed on June 4, 1996, was untimely or, alternatively, properly filed within the series of extensions granted by the Court of Appeals.