5/28/2020
E-Library - Information At Your Fingertips: Printer Friendly
respondents [herein petitioners] liable to pay jointly and severally: (a) death
benefits amounting to US $50,000.00 at its peso equivalent at the time of
actual payment; (b) reimbursement of medical expenses amounting to
P102,759.74; [(c)] moral and exemplary damages amounting to
P100,000.00 and P50,000.00 respectively; and (d) attorney’s fees in the
[amount of] ten percent (10%) of the total monetary award.
All other claims are DENIED.[6]
Ruling of the National Labor Relations Commission (NLRC)
On appeal, the NLRC reversed[7] the LA’s Decision.
Private respondent moved for reconsideration.[8] In a Resolution[9] dated June 29,
2009, however, her motion was denied for lack of merit.
Private respondent, through counsel, received the June 29, 2009 Resolution of the
NLRC on July 8, 2009. Sixty-two days thereafter, or on September 8, 2009, she filed a
Motion for Extension of Time to File Petition for Certiorari[10] before the CA. Private
respondent alleged that she had until September 7, 2009 (as September 6, 2009, the
actual last day for filing, fell on a Sunday) within which to file a petition for certiorari.
However, as her counsel was then saddled and occupied with equally important cases,
it would be impossible for him to file the petition on time, especially since the case
involves voluminous documents necessary in the preparation thereof. Accordingly,
private respondent asked for an extension of 15 days from September 7, 2009, or until
September 22, 2009, within which to file the petition.
On September 22, 2009, private respondent filed her Petition for Certiorari[11] before
the CA.
Action of the Court of Appeals
In a Resolution[12] dated November 20, 2009, the CA noted that private respondent’s
Petition for Certiorari was filed 15 days late and suffers from procedural infirmities.
Nonetheless, in the interest of substantial justice, the CA entertained the petition and
directed private respondent to cure the technical flaws in her petition. Thus:
The Court, in the interest of justice, resolved to NOTE the petition for
certiorari filed on September 22, 2009, albeit the same was filed fifteen (15)
days late.
A perusal of the instant petition reveals the following procedural infirmities,
namely:
(1) The attached Verification/Certification of Non-Forum Shopping
does not conform with the requirements under Section 12, Rule
II of the 2004 Rules of Notarial Practice, as a Community Tax
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56563
2/12