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[ G.R. No. 138209. June 16, 1999]

SAMAHANG NAGKAKAISANG MANGGAGAWA SA TOP ARTS vs. TOP ARTS SHIRTS MFTG, INC.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUN 16, 1999.

G.R. No. 138209 (Samahang Nagkakaisang Manggagawa sa Top Arts vs. Top Arts shirts Manufacturing, Inc.)

Petitioner's members placed tents and booths and displayed placards in front of respondent's premises. The latter in turn filed before the Labor Arbiter a petition to declare the strike illegal, to which the former countered that they were not on strike but the respondent refused to allow them to work. After hearing, the Labor Arbiter found that petitioner's members went on an illegal strike and declared some union officers to have lost their employment status. Aggrieved, petitioner appealed to the National Labor Relations Commission (NLRC) to no avail. Three days after receipt of the NLRC decision, petitioner filed a motion for reconsideration which was denied. On the sixtieth (60th) day from notice of the denial of its motion for reconsideration, petitioner filed a petition for certiorari, which the Court of Appeals (CA) dismissed for having been filed three days late. When its subsequent motion for reconsideration was denied, petitioner filed this petition for review.

There is no merit in the petition. 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, petitioner filed its motion for reconsideration three days from receipt of the NLRC decision. Upon denial thereof, petitioner had only 57 days to file the petition for certiorari to the Court of Appeals pursuant to Circular 39-98 amending Section 4 of Rule 65 of the 1997 Rules of Civil Procedure in relation to the St. Martin Funeral Homes case. The full 60-day period will not run again from the denial of the motion for Reconsideration.

ACCORDINGLY, the petition is DENIED.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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