4/15/2021
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Rules of Court, their motion was timely filed the next working day, since the last day of
the filing of the same falls on a Sunday. There is also no rhyme or reason for
petitioner's insistence that the motion must be filed directly with any Panel member
inasmuch as all proceedings were conducted through the facilities of the NCMB. They
likewise maintain that Philippine Electric Corporation v. Court of Appeals[57] which
provides for a 10-day period to appeal before the CA from receipt of the Decision of the
Panel that was cited by the petitioner does not apply in this case in light of the
pronouncement of the Supreme Court En Banc in a number of cases declaring the
appeal period to be 15 days.[58]
While respondents claim that petitioner is not entitled to death benefits, transportation
and burial expenses, they asseverate that the benefits awarded by the CA to the
petitioner should no longer be disturbed as the same represent the most judicious and
fair interpretation of the law and contracts under the circumstances.[59]
The Ruling of the Court
Respondents' appeal before
the CA had been duly filed
pursuant to Rule 43 of the
Rules of Court
Petitioner avers that since respondents filed their appeal with the CA 14 days from their
receipt of a copy of the Decision of the Panel, the same was filed out of time
considering that pursuant to Article 276 of the Labor Code, the appeal must be brought
within 10 days. Article 276, formerly Article 262-A, of the Labor Code provides:
ART. 276. Procedures. The Voluntary Arbitrator or panel of Voluntary
Arbitrators shall have the power to hold hearings, receive evidences and
take whatever action is necessary to resolve the issue or issues subject of
the dispute, including efforts to effect a voluntary settlement between
parties.
All parties to the dispute shall be entitled to attend the arbitration
proceedings. The attendance of any third party or the exclusion of any
witness from the proceedings shall be determined by the Voluntary
Arbitrator or panel of Voluntary Arbitrators. Hearings may be adjourned for
cause or upon agreement by the parties.
Unless the parties agree otherwise, it shall be mandatory for the Voluntary
Arbitrator or panel of Voluntary Arbitrators to render an award or decision
within twenty (20) calendar days from the date of submission of the dispute
to voluntary arbitration.
The award or decision of the Voluntary Arbitrator or panel of Voluntary
Arbitrators shall contain the facts and the law on which it is based. It shall
be final and executory after ten (10) calendar days from receipt of the copy
of the award or decision by the parties.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66237
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