8/26/2020 E-Library - Information At Your Fingertips: Printer Friendly Proceeding from the foregoing, for resolution of this Court is the issue of whether the CA erred in dismissing de Leon's Petition for Certiorari. The Court's Ruling The appeal is unmeritorious. The CA did not err in dismissing the Petition for Certiorari filed by de Leon. The Petition for Certiorari was not filed out of time The CA dismissed de Leon's petition primarily for allegedly being filed out of time. On this score, the CA erred. De Leon received a copy of the NLRC Resolution on December 3, 2014. Consequently, he had 60 days, or until February 1, 2015, to file the Petition for Certiorari. However, February 1, 2015 fell on a Sunday, hence the deadline for filing the Petition for Certiorari was until the next business day, or on February 2, 2015. In the similar case of Dela Rosa v. Michaelmar Philippines, Inc.,[36] the Court held: A decision issued by a court becomes final and executory when such decision disposes of the subject matter in its entirety or terminates a particular proceeding or action, leaving nothing else to be done but to enforce by execution what has been determined by the court, such as when after the lapse of the reglementary period to appeal, no appeal has been perfected. The period or manner of appeal from the NLRC to the CA is governed by Rule 65, pursuant to the ruling of this Court in St. Martin Funeral Home v. National Labor Relations Commission, Section 4 of Rule 65, as amended, states that the petition may be filed not later than sixty (60) days from notice of the judgment, or resolution sought to be assailed. Record shows that Dela Rosa received a copy of the November 24, 2005 Resolution of the NLRC, denying his motion for reconsideration on December 8, 2005. He had sixty (60) days, or until February 6, 2006, to file his petition for certiorari. February 6, 2006, however, was a Sunday. Thus, Dela Rosa filed his petition the next working day, or on February 7, 2006. Undoubtedly, Dela Rosa's petition was timely filed.[37] (Emphasis and underscoring supplied) Verily, the CA erred in holding that de Leon's petition was filed out of time. De Leon therefore timely filed the Petition for Certiorari when he filed the same on the next business day, or on February 2, 2015. De Leon was validly dismissed by PTC https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65291 5/12