[G.R. NO. 162739 : February 12, 2008]
AMA COMPUTER COLLEGE-SANTIAGO CITY, INC., Petitioner, v. CHELLY P. NACINO, substituted by the Heirs of Chelly P. Nacino, Respondent.
R E S O L U T I O N
Before this Court is a Petition for Review on Certiorari1 under Rule 45 of the Rules of Civil Procedure seeking the reversal of the Court of Appeals (CA) Resolution2 dated June 23, 2003, the dispositive portion of which provides:
and of the CA Resolution3 dated March 3, 2004 which denied petitioner's motion for reconsideration.
Petitioner AMA Computer College - Santiago City, Inc. (AMA) employed Chelly P. Nacino (Nacino) as Online Coordinator of the college. On October 30, 2002, ostensibly upon inspection, the Human Resources Division Supervisor, Mariziel C. San Pedro (San Pedro) found Nacino absent from his post. On the same day, San Pedro issued a Memorandum4 requiring Nacino to explain his absence. Nacino filed with San Pedro a written explanation5 claiming that he had to rush home at 1315 hours (1:15 PM) because he was suffering from LBM (loose bowel movement) and that the facilities in the school were inadequate and inefficient, but he had gone back to the school at 1410 hours (2:10 PM). Not satisfied with the explanation, San Pedro sought another explanation because the earlier explanation "does not conform to a previous investigation conducted."6 Nacino furnished San Pedro the same written explanation he had earlier submitted. San Pedro then filed a formal complaint against Nacino for false testimony, in addition to the charge of abandonment. An Investigating Committee7 was constituted to investigate the complaint and, pending investigation, Nacino was placed under preventive suspension for a maximum of thirty (30) days, effective November 8, 2002.8 The Investigating Committee found Nacino guilty as charged, and was dismissed from the service on December 5, 2002.9
Aggrieved, Nacino filed on December 13, 2002 a Complaint10 for Illegal Suspension and Termination before the National Conciliation and Mediation Board (NCMB) in Tuguegarao City. On January 10, 2003, Maria Luanne M. Jali-jali (Jali-jali), AMA's representative, signed the submission Agreement, accepting the jurisdiction of Voluntary Arbitrator Nicanor Y. Samaniego (Voluntary Arbitrator) over the controversy.
Before the Voluntary Arbitrator, the parties agreed to settle the case amicably, with Nacino discharging and releasing AMA from all his claims in consideration of the sum of
On April 1, 2003, Nacino died in an accident. On April 15, 2003, the Voluntary Arbitrator rendered the assailed Decision,13 ordering Nacino's reinstatement and the payment of his backwages and 13th month pay. Therein, the Voluntary Arbitrator manifested that, due to AMA's failure to pay the sum of
On June 16, 2003, AMA filed a Petition16 for Certiorari under Rule 65 before the CA. On June 23, 2003, the CA dismissed the said petition because it was a wrong mode of review. It held that the proper remedy was an appeal by way of Rule 43 of the Rules of Civil Procedure. Accordingly, the CA opined, an erroneous appeal shall be dismissed outright pursuant to Section 2, Rule 50 of the Rules of Civil Procedure.
AMA filed its Motion for Reconsideration but the CA denied it in its Resolution dated March 3, 2004.
Hence, this petition based on the sole ground that:
AMA claims that Jali-jali was misinformed and misled in signing the Submission Agreement, subjecting AMA to the jurisdiction of the Voluntary Arbitrator; that the Voluntary Arbitrator's Decision was issued under the Labor Code and, as such, the same is not appealable under Rule 43, as provided for by Section 217 thereof, but under Rule 65 of the Rules of Civil Procedure; and that the Petition for Certiorari is the only plain, speedy and adequate remedy in this case since the Voluntary Arbitrator acted with grave abuse of discretion in disregarding the parties' compromise agreement, in rendering the assailed Decision, and in issuing the Writ of Execution without affording AMA its right to due process.
The instant petition lacks merit.
Pertinent is our ruling in Centro Escolar University Faculty and Allied Workers Union-Independent v. Court of Appeals,20 where we held:
We are not unmindful of instances when certiorari was granted despite the availability of appeal, such as (a) when public welfare and the advancement of public policy dictates; (b) when the broader interest of justice so requires; (c) when the writs issued are null and void; or (d) when the questioned order amounts to an oppressive exercise of judicial authority.21 However, none of these recognized exceptions attends the case at bar. AMA has sadly failed to show circumstances that would justify a deviation from the general rule.
While it is true that, in accordance with the liberal spirit which pervades the Rules of Court and in the interest of justice, a Petition for Certiorari may be treated as having been filed under Rule 45, the Petition for Certiorari filed by petitioner before the CA cannot be treated as such, without the exceptional circumstances mentioned above, because it was filed way beyond the 15-day reglementary period within which to file the Petition for Review.22 AMA received the assailed Decision of the Voluntary Arbitrator on April 15, 2003 and it filed the Petition for Certiorari under Rule 65 before the CA only on June 16, 2003.23 By parity of reasoning, the same reglementary period should apply to appeals taken from the decisions of Voluntary Arbitrators under Rule 43. Based on the foregoing disquisitions, the assailed Decision of the Voluntary Arbitrator had already become final and executory and beyond the purview of this Court to act upon.24
Verily, rules of procedure exist for a noble purpose, and to disregard such rules in the guise of liberal construction would be to defeat such purpose. Procedural rules are not to be disdained as mere technicalities. They may not be ignored to suit the convenience of a party. Adjective law ensures the effective enforcement of substantive rights through the orderly and speedy administration of justice. Rules are not intended to hamper litigants or complicate litigation. But they help provide for a vital system of justice where suitors may be heard following judicial procedure and in the correct forum. Public order and our system of justice are well served by a conscientious observance by the parties of the procedural rules.25
WHEREFORE, the instant Petition is DENIED for lack of merit. The assailed Court of Appeals Resolutions dated June 23, 2003 and March 3, 2004 are hereby AFFIRMED. Costs against the petitioner.
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