Case Digest (G.R. No. 205966)
Facts:
Petitioner SM Agri and General Machineries employed private respondent Vivencio Abo as officer-in-charge until his termination on May 31, 1982; Abo filed a complaint for unlawful dismissal (Case No. RAB-V-No. 0891-82) and the Labor Arbiter rendered a decision on March 29, 1984, received by petitioner on April 10, 1984, awarding reinstatement and various monetary damages.Petitioner filed an appeal by registered mail on April 23, 1984; the National Labor Relations Commission (Third Division) dismissed the appeal as filed out of time in its November 29, 1985 resolution and denied reconsideration on April 7, 1986, prompting this petition for certiorari.
Issues:
- Did the NLRC commit grave abuse of discretion in dismissing petitioner's appeal as filed out of time?
- When the tenth day to appeal falls on a Legal Holiday, may the appeal be filed on the next succeeding business day under Sec. 31, Art. VIII of the Revised Administrative Code
Case Digest (G.R. No. 205966)
Facts:
- Background of the dispute and parties
- SM Agri and General Machineries, Petitioner, formerly doing business as SM Industries.
- Vivencio Abo, private respondent and former employee, initially employed on 2 August 1976 as Officer-in-Charge (OIC) of a branch office.
- Business name changed in 1981 to SM Agricultural and General Machineries; Abo continued as OIC until termination on 31 May 1982.
- Administrative complaint and defenses
- Abo filed a complaint for unlawful dismissal with the Ministry of Labor and Employment, docketed as Case No. RAB-V-No. 0891-82, and prayed for an award of damages.
- Petitioner defended that Abo willfully disobeyed by refusing to report sales, collection reports and monthly allowance since his appointment as OIC in January 1981 and that the termination on 31 May 1982 was lawful.
- Labor Arbiter decision and awards
- The Labor Arbiter rendered a decision on 29 March 1984 in favor of Abo; petitioner received a copy on 10 April 1984.
- Dispositive relief ordered included:
- Reinstatement with backwages without loss of seniority rights and other privileges due from June 1982 for a limited period of three (3) years.
- Payment of unpaid salary for two (2) years in the amount of P10,000.00 and emergency allowances of P7,920.00 covering July 1980 to June 1982.
- Payment of 13th month pay for the last three (3) years in the sum of P1,350.00 and service incentive leave of five (5) days in the sum of P257.96.
- Moral damages of P30,000.00, exemplary damages of P15,000.00, and attorney’s fees equivalent to ten percent of the petitioner’s total claim.
- Appeal to NLRC and motions
- Petitioner filed an appeal by Registered Mail on 23 April 1984, asserting errors in findings of fact, excessive monetary awards and lack of authority to award damages.
- In a resolution dated 29 November 1985, the National Labor Relations Commission (NLRC) (Third Division) dismissed the appeal as filed out of time, reasoning that petitioner’s counsel admitted receipt of the decision on 1...(Subscriber-Only)
Issues:
- Timeliness and jurisdictional question
- Whether the NLRC committed grave abuse of discretion in dismissing petitioner’s appeal as filed out of time under Art. 223 of the Labor Cod...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)