However, on 1 September 2000, A.M. No. 00-2-03-SC took effect amending
Section 4, Rule 65 of the 1997 Rules of Civil Procedure whereby the 60-day
period within which to file the petition starts to run from receipt of notice of the
denial of the motion for reconsideration, if one is filed. This Court has in several
cases[10]ruled that A.M. No. 00-2-03-SC, being a curative statute, should be applied
retroactively. In the case of Narzoles v. NLRC, we explained the rationale for this
retroactive application:
The Court has observed that Circular No. 39-98 has generated tremendous
confusion resulting in the dismissal of numerous cases for late filing. This may
have been because, historically, i.e., even before the 1997 revision to the Rules of
Civil Procedure, a party had a fresh period from receipt of the order denying the
motion for reconsideration to file a petition for certiorari. Were it not for the
amendments brought about by Circular No. 39-98, the cases so dismissed would
have been resolved on the merits. Hence, the Court deemed it wise to revert to the
old rule allowing a party a fresh 60-day period from notice of the denial of the
motion for reconsideration to file a petition for certiorari. Earlier this year, the
Court resolved, in A.M. No. 00-2-03-SC, to further amend Section 4, Rule 65 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 is 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 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 appellate
jurisdiction. If it involves the acts or omissions of a quasi-judicial
agency, unless otherwise provided by law or these rules, the petition
shall be filed in and cognizable only by the Court of Appeals.
No extension of time to file the petition shall be granted except for
compelling reason and in no case exceeding fifteen (15) days.