6/30/2021 E-Library - Information At Your Fingertips: Printer Friendly CA. Thus, the Court expressly directed[29] the DOLE and the NCMB to cause the revision or amendment of the aforesaid section in order to allow the filing of motions for reconsideration in line with Article 276 of the Labor Code. Unfortunately, no revision has yet been made in this regard. Consequently, the DOLE and the NCMB are again reminded to cause the revision or amendment of Section 7, Rule VII of the Revised Procedural Guidelines in the Conduct of Voluntary Arbitration Proceedings insofar as it prohibits the filing of a motion for reconsideration, if they have not done so. In view of the foregoing, petitioner in this case had fifteen (15) days from receipt of the Resolution denying his motion for reconsideration to file his petition for review with the CA. Having received a copy of the VA's October 29, 2018 Resolution on November 22, 2018, petitioner therefore had until December 7, 2018 to file his petition. As the records show that the petition was filed on December 4, 2018, albeit through a private courier, it was therefore timely filed and the CA erred in dismissing it outright. To rule otherwise would be clearly antithetical to the tenets of fair play, not to mention the undue prejudice to petitioner's rights.[30] Thus, in light of the fact that the CA dismissed the petition for review outright based solely on procedural grounds, a remand of the case for a resolution on the merits is warranted. WHEREFORE, the petition is GRANTED. The Resolutions dated December 19, 2018 and May 9, 2019 of the Court of Appeals in CA-G.R. SP. No. 158643 are SET ASIDE. The present case is hereby REMANDED to the Court of Appeals for resolution on the merits. The Department of Labor and Employment and the National Conciliation and Mediation Board are again REMINDED to revise or amend the Revised Procedural Guidelines in the Conduct of Voluntary Arbitration Proceedings to reflect the 2018 ruling in Guagua National Colleges v. Court of Appeals, G.R. No. 188492, if they have not done so. SO ORDERED. Hernando, Inting, and Delos Santos, JJ., concur. Baltazar-Padilla, J., on leave. [1] Rollo, pp. 46-67. [2] Id. at 35-36. Penned by Associate Justice Marlene B. Gonzales-Sison with Associate Justices Victoria Isabel A. Paredes and Rafael Antonio M. Santos, concurring. [3] Id. at 38-41. [4] Id. at 270-294. Penned by Maritime Voluntary Arbitrator Captain Gregorio B. Sialsa. [5] See Contract of Employment dated April 13, 2016; id. at 199. [6] See id. at 270-271. [7] See id. at 271. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66395 5/7