4/15/2021 E-Library - Information At Your Fingertips: Printer Friendly 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 12/37

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