Philippine Supreme Court Resolutions

G.R. No. 199302 (Mega Bus Lines Corp. v. Court of Appeals, National Labor Relations Commission, Manuel F. Abanes, Daniel S. Gonzales and Jose Sebastian M. Gonzales).

RESOLUTION 

After a review of the records, the Court resolves to DENY  the petition for failure to show that the Court of Appeals (CA) committed reversible error when it dismissed the petition for certiorari  before it. The CA is correct when it held that the NLRC did not commit grave abuse of discretion in dismissing petitioner's appeal for having been filed late. Petitioner had utilized the services of a private courier in mailing the Memorandum of Appeal to the NLRC, hence, the date of receipt of the pleading was not the date of delivery to the private courier but the actual date of receipt by the Commission.

Besides, petitioner availed itself of the wrong remedy and evidently filed this petition for certiorari as a substitute for a lost appeal. It is settled that an appeal by certiorari from judgments or final orders or resolutions of the CA is by verified petition for review on certiorari under Rule 45 of the Rules of Court. And, while it is true that this Court may at times treat a petition for certiorari as having been filed under Rule 45, this petition cannot be treated as such, primarily because it was filed way beyond the 15-day reglementary period within which to file the petition for review.

In addition, the petition suffers from several defects: 1) it lacks a clearly legible duplicate original or a certified true copy of the assailed decision; 2) petitioner failed to deposit the Sheriffs fee and fee for the prayer for writ of preliminary injunction; 3) the Affidavit of Service was notarized prior to the actual date of service of copies of the petition upon the CA and the respondents; and 4) the Verification was based on petitioner representative's knowledge and belief.

SO ORDERED. 

Very truly yours,

(Sgd.) LUCITA ABJELINA-SORIANO
  Division Clerk of Court