Decision
6
G.R. No. 212607
respect to appeals of RHO decisions before the NCIP En Banc, is a purely
legal one.
Furthermore, the Court finds that the NCIP RHO IV's Order dated
January 14, 2013 is patently in violation of the 2003 NCIP Rules of
Procedure.
Clearly and unequivocally, Section 46, Rule IX of the 2003 NCIP
Rules of Procedure states that a judgment rendered by the RHO shall
become final only when no appeal is made within fifteen ( 15) days from
receipt of the assailed decision or, when a motion for reconsideration was
filed by the party, within fifteen (15) days from the receipt of the order
denying such motion for reconsideration:
Section 46. Finality of Judgment. - A judgment rendered by the RHO
shall become final upon the lapse of fifteen (15) days from receipt of the
decision, award or order denying the motion for reconsideration, and
there being no appeal made. If the 15th day falls on a Saturday, Sunday or a
Holiday, the last day shall be the next working day. 29
To recall, PDSPI received a copy of the assailed Decision dated
November 22, 2012 issued by the NCIP RHO IV on November 29, 2012.
Within fourteen (14) days from such date, or on December 13, 2012, a
Motion for Reconsideration dated December 10, 2012 was filed by PDSPI
on December 12, 2012. The said Motion was eventually denied by the NCIP
RHO IV in its Order dated December 18, 2012. PDSPI received the NCIP
RHO IV's Order dated December 18, 2012 denying its Motion for
Reconsideration on December 21, 2012.
With the fifteenth (15th) day from December 21, 2012, i.e., January 5,
2013, falling on a Saturday, according to Section 46, Rule IX of the 2003
NCIP Rules of Procedure, PDSPI had until Monday, January 7, 2013, to
file its appeal. This is exactly what PDSPI did on such date.
Therefore, NCIP RHO IV committed a palpable and manifest error,
violating the 2003 NCIP Rules of Procedure in denying PDSPI's appeal due
course on the ground that the reglementary period for the filing of an appeal
had already passed, based on the erroneous theory that PDSPI had only one
(1) day remaining to file an appeal upon receipt of the NCIP RHO IV's
Order denying its Motion for Reconsideration.
To reiterate, Section 97, Rule XVII of the 2003 NCIP Rules of
Procedure states that the rules of procedure under the Rules of Court shall
apply suppletorily with respect to cases heard before the NCIP. Under the
Rules of Court, with the advent of the Neypes Rule, otherwise known as the
Fresh Period Rule, parties who availed themselves of the remedy of motion
29
Emphasis and underscoring supplied.