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[G.R. No. 143390.February 27, 2002]
ZAMORA vs. CA, et al.
SECOND DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated FEB 27 2002.
G.R. No. 143390(Bernardin J. Zamora vs. Court of Appeals, et al.)
This Petition for Review on Certiorari filed under Rule 45 of the Rules of Court seeks to reverse and set aside the 26 January 2000 Resolution [1] cralaw of the Court of Appeals which dismissed petitioner's Petition for Certiorari [2] cralaw and its Resolution of 24 May 2000 [3] cralaw denying reconsideration thereof.
On 12 August 1999 petitioner Bernardin J. Zamora received the Decision of the National Labor Relations Commission (NLRC) ordering private respondent Philippine Airlines to reinstate him to his former position as Cargo Representative at its Import Operations Division or its equivalent without loss of seniority rights and with full back wages. On 23 August 1999 petitioner filed a Motion for Partial Reconsideration only insofar as the denial of his claims for damages and attorney's fees was concerned. On 4 October 1999 petitioner received the Resolution of the NLRC denying his Motion for Partial Reconsideration. Thereafter, on 24 November 1999 petitioner filed a Petition for Certiorari with the Court of Appeals.
However, on 26 January 2000 the Court of Appeals denied the Petition for Certiorari for having been filed late, for failure to attach certified true copies of the assailed NLRC Decision and Resolution and for failure to submit copies of private respondents' Motion to Dismiss, Appeal, Rejoinder and Opposition/Comment. Zamora's Motion for Reconsideration having been denied, petitioner now comes to us on a Petition for Review on Certiorari.
We sustain the Court of Appeals. Section 4, Rule 65, of the 1997 Rules of Civil Procedure, [4] cralaw which was then applicable, provides:
Sec. 4. Where and when petition to be filed. - The petition may be filed not later than sixty (60) days from notice of the judgment, order or resolution sought to be assailed x x x x
If the petitioner had filed a motion for new trial or reconsideration in due time after notice of said judgment, order or resolution, the period herein fixed shall be interrupted. If the motion is denied, the aggrieved party may file the petition within the remaining period, but which shall not be less than five (5) days in any event, reckoned from notice of such denial. No extension of time to file the petition shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days.
Clearly, the above provision states that a petition for certiorari may be filed within sixty (60) days from notice of the judgment, order or resolution sought to be assailed. From the time of receipt of the assailed NLRC Decision up to the filing of his motion for partial reconsideration, petitioner had already consumed eleven (11) days. From the time he received the resolution denying his motion for partial reconsideration up to the filing of his Petition for Review with the Court of Appeals, a total of fifty-one (51) days had already elapsed. All in all, therefore, petitioner used up sixty-two (62) days.
To reiterate, petitioner had only sixty (60) days within which to file his Petition for Certiorari but petitioner used up sixty-two (62) days instead. Plainly, his Petition for Certiorari was filed two (2) days late. The Court of Appeals, therefore, was correct in denying petitioner's Petition for Certiorari.
For the foregoing reasons, the Court Resolved to DENY the instant petition for lack of showing that the Court of Appeals committed reversible error.
SO ORDERED.
Very truly yours,
(Sgd.) TOMASITA M. DRIS
Clerk of Court
Endnotes:
[1] cralaw Penned by Associate Justice Angelina Sandoval Gutierrez and concurred in by Associate Justice Salvador J. Valdez and Andres B. Reyes, Jr.
[2] cralaw For being filed late and for failure to attach certified true copies of the assailed Decision and Resolution of the National Labor Relations Commission (NLRC) and submit copies of private respondents' Motion to Dismiss, Appeal from the Labor Arbiter's denial of the Motion to Dismiss, Rejoinder to petitioner's Comment, and Opposition/Comment.
[3] cralaw See Note 1.
[4] cralaw Prior to its amendment which took effect 1 September 2000.
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