Philippine Supreme Court Resolutions

G.R. No. 197021 (Hawaiian Phil. Co. Supervisors Union-PACIWU/Marty Gonzales, et al. v. Hawaiian Philippine Company/Timothy Bennett in his capacity as President of the Company)  - For resolution is petitioners' Motion for Extension of Time to File a Petition for Review with a Tender of Filing Fees dated 2 June 2011.

Petitioners were respondents in the Petition filed before the Court of Appeals (CA) by herein respondent. In its 26 October 2009 Decision, the CA granted respondent's Petition, prompting petitioners to file a Motion for Reconsideration. The CA, however, denied the motion in its 26 April 2011 Resolution, a copy of which was received by petitioners on 11 May 2011. Thus, petitioners had until 26 May 2011 within which to file a Rule 45 Petition with this Court. They allege in the motion before us that they were unable to file the Petition in time due to difficulties they had encountered in raising money for the filing fees. They relate their financial and physical difficulties as sugar plantation workers that prevented the timely raising of funds, and that this situation should justify liberality in this Court's treatment of their cause. Their counsel also speaks of his very hectic schedule, especially in representing other laborers in their collective bargaining agreements and in other similar just causes.

Hence, they invoke truth, justice and equity in seeking an extension of 30 days from 26 May 2011, or until 25 June 2011 (or the next working day, which was 27 June 2011), within which to file their petition.

We are not callous to the hardships encountered by some litigants and would have granted a reasonable extension in consideration thereof. We are, however, constrained to deny their motion in view of their failure to file the intended petition with this Court despite the lapse of 99 days from 26 May 2011, the original last day for filing it. This unconscionable delay allows us no room to grant petitioner's motion for extension. Counsel is also reminded that preoccupation with other professional engagements is not a reason to fail making a timely filing of petitioners' appeal.cralaw

WHEREFORE, petitioners' Motion for Extension of Time to File a Petition for Review with a Tender of Filing Fees dated June 2, 2011 is DENIED. Reyes, J., on official leave; Mendoza, J., designated additional member per S.O. No. 1066.

Very truly yours,

(Sgd.) MA. LUISA L. LAUREA
Division Clerk of Court