FIRST DIVISION
G.R. No. 199617, September 02, 2015
REY TORRECAMPO, JOVITA V. CALMA, WINTHROP MARK N. BARBA AND LEA TAPNIO, Petitioners, v. NATIONAL LABOR RELATIONS COMMISSION (NLRC), MATSUSHITA ELECTRONIC PHILS. CORP., SEIICHI FUKAMI, IROKAZU UMEDA, BARTOLOME SARANGGAYA, JAIME TIONGSON AND SINICHI JOSONE, Respondents.
R E S O L U T I O N
PEREZ, J.:
For resolution of the Court is the instant Petition for Review on Certiorari1 filed by petitioners Rey Torrecampo, Jovita V. Calma, Winthrop Mark N. Barba and Leo Q. Tapnio seeking to reverse and set aside the Resolutions dated 12 July 20112 and 6 December 20113 of the Court of Appeals (CA) in CA-G.R. SP. No. 119590. The assailed resolutions dismissed the Petition for Certiorari filed by petitioners for having been filed out of time rendering the National Labor Relations Commission (NLRC) Decision dated 5 January 2011 and its Resolution dated 7 March 2011 final and executory.
In a Resolution dated 6 December 2011, the appellate court refused to reconsider its earlier Resolution.chanrobleslaw
For one, petitioners failed to provide a cogent and compelling reason in order for [u]s to extend liberality and exempt them from a strict application of the rules. For another, apart from the obvious fact that the petition was filed late, petitioners had still the gall to state that their petition is x x x "filed within the 60-day reglementary period." Not only that, what is worse is that petitioners put the blame on the housemaid of their counsel on record for the late filing of their petition alleging that "x x x the housemaid of their counsel on record erroneously informed them x x x" that the assailed NLRC Resolution was received on March 27, 2011 instead of March 21, 2011.4ChanRoblesVirtualawlibraryAfter finding that petitioners received copy of the assailed NLRC Resolution on 21 March 2011 and not on 27 March 2011, and, without any justifiable cause to warrant the relaxation of the rules, the CA arrived at the inevitable conclusion that petitioners failed to seasonably file their appeal, viz.:chanRoblesvirtualLawlibrary
Petitioners allege that a copy of the NLRC Resolution dated March 7, 2011 was received on March 21, 2011. Under the afore-quoted Rule, petitioners have 60 days from March 21, 2011 or until May 20, 2011 within which to file a petition for certiorari. However, a perusal of the rollo of this case shows that it was filed only on May 25, 2011 or five (5) days after the expiration of the 60-day reglementary period provided by the afore-quoted Rule. Undoubtedly, therefore, the instant petition is filed out of time.5 (Emphasis supplied)ChanRoblesVirtualawlibraryAggrieved by the foregoing resolution, petitioners timely interposed a Motion for Reconsideration which was also denied by the appellate court in a Resolution dated 6 December 2011.chanrobleslaw
THE COURT OF APPEALS GRAVELY ERRED IN STRICTLY APPLYING THE RULES OF PROCEDURE AND PLEADING AGAINST THE PETITIONERS.ChanRoblesVirtualawlibraryChanRoblesVirtualawlibrary
Endnotes:
1Rollo, pp. 3-34.
2 Id. at 35-42; Penned by Associate Justice Ramon M. Bato Jr. with Associate Justices Juan Q. Enriquez, Jr. and Florito S. Macalino concurring.
3 Id. at 43-44.
4 Id. at 37.
5 Id. at 36.
6 Section 4. Where petition filed. The petition may be filed not later than sixty (60) days from notice of the 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 appellate 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.
7Labao v. Flores, G.R. No. 187984, 15 November 2010, 634 SCRA 723, 730-731.
8 Id. at 731.
9Laguna Metts Corporation v. Court of Appeals, 611 Phil. 530, 534 (2009).
10 Id. at 534-535.
11 Section. 4. When and where to file petition. The petition shall be filed not later than sixty (60) days from notice of the judgment 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 the notice of the denial of the motion.
If the petition relates to an act or an omission of a municipal trial court or of a corporation, a board, an officer or a person, it shall be filed with 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 or with the Sandiganbayan, whether or not the same is in aid of the courts appellate jurisdiction. If the petition involves an act or an omission of a quasi-judicial agency, unless otherwise provided by law or these rules, the petition shall be filed with and be cognizable only by the Court of Appeals.
In election cases involving an act or omission of a municipal or a regional trial court, the petition shall be filed exclusively with the Commission on Elections, in aid of its appellate jurisdiction.
12Suliman v. People of the Philippines, G.R. No. 190970, 24 November 2014.
13 Id. citing Bejarasco v. People, G.R. No. 159781, 2 February 2011, 641 SCRA 328, 330-331.
14Sarah Lee Philippines, Inc. v. Macatlang, G.R. Nos. 180147, 180148, 180149, 180150, 180319 & 180685, 4 June 2014, 724 SCRA 552, 575.