received the Resolution dated January 7, 2000 denying petitioner’s motion for
reconsideration. Had he done so, he would have known that his Withdrawal of
Appearance has not been sent yet by petitioner. It is the duty of a lawyer to pay
heed to the urgency and importance of registered letter sent by the court.[36] Before
the date of receipt on March 27, 2000 by the CA of the Withdrawal of Appearance,
Atty. Orias, Jr. remained as petitioner’s counsel of record.
Ordinarily, until his dismissal or withdrawal is made of record in court, any
judicial notice sent to a counsel of record is binding upon his client even though as
between them the professional relationship may have been terminated.
[37]
However, under the peculiar circumstances of this case, Atty. Orias, Jr. was
negligent in not adequately protecting petitioner’s interest, which necessarily calls
for a liberal construction of the Rules. Verily, the negligence of Atty. Orias, Jr.
cannot be deemed as negligence of petitioner itself in the present case. A notice to
a lawyer who appears to have been unconscionably irresponsible cannot be
considered as notice to his client.[38] Thus, petitioner is deemed to have filed its
petition for review on certiorari within the reglementary period as alleged in its
Reply.
The general rule is that findings of fact of the NLRC, as affirmed by the
CA, are conclusive upon the Supreme Court when supported by substantial
evidence that is manifest in the decision and on the records.[39] However, this
Court has recognized several exceptions to this rule, to wit: (1) when the findings
are grounded entirely on speculation, surmises, or conjectures; (2) when the
inference made is manifestly mistaken, absurd, or impossible; (3) when there is
grave abuse of discretion; (4) when the judgment is based on a misapprehension
of facts; (5) when the findings of facts are conflicting; (6) when in making its