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[ G.R. No. 143122. July 3, 2000]
SPS. JONATHAN & ALICE M. ESTOCADA et al., vs. LEOPOLDO T. TAPEL, et al.
THIRD DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated
JUL 3, 2000.G.R. No. 143122 (Sps. Jonathan M. Estocada and Alice M. Estocada vs. Leopoldo T. Tapel, Rainero T. Magdamit, Romualdo Villon, Jr., Milagros E. Hipol, et al.)
Petitioners assail the decision of the Court of Appeals affirming the dismissal by the NLRC of petitioners' appeal for failure to file their memorandum on appeal within the reglementary period.
The controversy stemmed from a decision of the labor arbiter ordering petitioners to pay private respondents their unpaid wages from the date of employment up to the date of termination of service.
Thereafter, petitioners filed a notice of appeal, asking for an extension of 15 days within which to file their memorandum of appeal. However, no memorandum of appeal was filed. Hence, the NLRC dismissed the appeal.
Displeased, petitioners sought recourse before the Court of Appeals without first filing a motion for reconsideration of the NLRC's decision.
The Court of Appeals dismissed.
Thus, the instant petition which must likewise fail.
Initially, the Court notes that the instant petition was filed late on June 23, 2000 due date being May 25, 2000, the Court having denied petitioners motion for extension of 30 days within which to file the petition for not being accompanied by the required proof of service on the Court of Appeals.
At any rate, the Court finds no reversible error committed by the appellate court.
Section 3(a) of the NLRC Rules pertinently provides:
Section 3. Requisites for Perfection of Appeal. - (a) The appeal shall be filed within the reglementary period as provided in Section 1 of this Rules; shall be under oath with proof of payment of the required appeal fee and the posting of a cash or surety bond as provided in Section 6 of this Rule; shall be accompanied by memorandum of appeal which shall state the ground relied upon and the arguments in support thereof; the relief prayed for; and a statement of the date when the appellant received the appealed decision, order or award and proof of service on the other party of such appeal.
A mere notice of appeal without complying with the other requisites aforestated shall not stop the running of the period for perfecting an appeal.
Corollarily, Section 1, Rule VI of the NLRC Rules of Procedure provides:
Section 1. Periods of Appeal. - Decisions awards or orders of the labor arbiter and the POEA Administrator shall be final and executory unless appealed to the Commission by any or both parties within ten (10) days from receipt of such decisions, awards or orders of the labor arbiter or of the administrator.
The 10-day period from receipt of the decision within which to appeal is not only mandatory but also jurisdictional (Kathy-O Enterprises vs. NLRC, 286 SCRA 729 [1998]).
Moreover, the filing of the motion for reconsideration of a decision of the NLRC is prerequisite to the elevation of a case via petition for certiorari (Equitable Banking Corporation vs. NLRC, 273 SCRA 352 [1997]).
WHEREFORE
, petition is denied due course.SO ORDERED.
Very truly yours,
(Sgd.) JULIETA Y. CARREON
Clerk of Court
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