4/30/2021 E-Library - Information At Your Fingertips: Printer Friendly 'SEC. 4. Where and when petition to be filed. - The petition may be filed not later than sixty (60) days from notice of judgment, order or resolution sought to be assailed in the Supreme Court or, if it relates to the acts or omissions of a lower court or of a corporation, board, officer or person, in the Regional Trial Court exercising jurisdiction over the territorial area as defined by the Supreme Court. It may also be filed in the Court of Appeals whether or not the same is in aid of its appellate jurisdiction, or in the Sandiganbayan if it is in aid of its jurisdiction. If it involves acts or omissions of a quasi-judicial agency, and unless otherwise provided by law or these Rules, the petition shall be filed in and cognizable only by the Court of Appeals. 'If 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.' In the instant petition, the petitioner himself states that on February 26, 1999, he received a copy of the impugned decision of the National Labor Relations Commission; and on March 4, 1999, he filed his motion for reconsideration. Thus, he had already used up six (6) days of the reglementary 60-day period so that he had only fifty-four (54) days from notice of the denial of his motion for reconsideration within which to file his petition. On April 6, 1999, he received a copy of the Resolution of the NLRC denying his motion for reconsideration. Accordingly, he had only until May 30, 1999, within which to file his petition. But he filed it only on June 7, 1999. Hence, it is late by eight (8) days.”[7] (emphasis supplied) Be that as it may, Rule 65, Section 4, as amended, was further amended effective September 1, 2000 to read as follows: “Sec. 4. When and where petition filed.-- The petition shall be filed not later than sixty (60) days from notice of the judgment, order or resolution. In case a motion for reconsideration or new trial was timely filed, whether such motion is required or not, the sixty (60) day period shall be counted from notice of the denial of said motion. The petition shall be filed in the Supreme Court or, if it relates to the acts or omissions of a lower court or of a corporation, board, officer or person, in the Regional Trial Court exercising jurisdiction over the territorial area as https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52537 4/9