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[ G.R. No. 138912. August 11, 1999]

JURITA SAMONTE, et al. vs. CA, et al

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated AUG. 11, 1999.

G.R. No. 138912 (Jurita Samonte, et. al. vs. Court of Appeals, (CA), National Labor Relations Commission (NLRC) and Bilflex Philippines, Inc.)

Petitioners filed before the Labor Arbiter a complaint for illegal dismissal against their employer, herein private respondent. After hearing, the Labor Arbiter rendered a decision "dismissing the case". The former's appeal to respondent NLRC was also "dismissed". Ten (10) days after receipt of a copy of the NLRC decision dismissing their appeal, petitioners filed a motion for reconsideration which was denied by the NLRC in a resolution dated November 17, 1998. Petitioners received a copy of this resolution on January 13, 1999. Dissatisfied, they filed a petition for certiorari with respondent CA on March 15, 1999 which was dismissed for having been filed beyond the 60-day reglementary period. When their motion for reconsideration was subsequently denied by the CA, petition for review to this Court.

There is no merit in the petition. As provided in Circular 39-98 amending Section 4, Rule 65 of the 1997 Rules of Civil Procedure, the filing of a motion for reconsideration interrupts the period for filing a certiorari case. When such motion is denied, the aggrieved party has only the remaining period, which shall not be less than 5 days, to file the petition for certiorari. In this case, petitioners filed their motion for reconsideration ten (10) days from receipt of the NLRC decision. Upon denial thereof, petitioners had only fifty (50) more days to file the petition for certiorari with the Court of Appeals. However, when their petition was filed on March 15, 1999, ten (10) days had already lapsed from the time it was supposed to be filed. It should be emphasized that the full 60-day period will not run again from denial of the Motion for Reconsideration (Samahang Nagkakaisang Manggagawa sa Top Arts v. Top Arts Shirts Manufacturing, Inc., G.R. No. 138209, June 16, 1999).

ACCORDINGLY, the petition is DENIED."

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO
Clerk of Court

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