4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly JUDGMENT AWARD SIGNED BY THE RESPONDENT II. WHETHER THE COURT OF APPEALS COMMITTED SERIOUS REVERSIBLE ERROR IN INVOKING THE RULING OF CAREER V. MADJUS Petitioner argues that it clearly filed its petition for certiorari within the 60-day reglementary period and, thus, the NLRC resolutions could not have attained finality. Citing Delima v. Gois,[8] petitioner avers that the NLRC cannot declare that a decision has become final and executory because the period to file the petition has not yet expired. Petitioner, thus, contends that the finality of the NLRC judgment did not render the petition moot and academic because such is null and void ab initio. Petitioner also argues that the Receipt of the Judgment Award with Undertaking, which was never refuted by respondent, clearly stated that the payment of the judgment award was without prejudice to its right to file a petition for certiorari with the CA. Petitioner asserts that the case relied upon by the CA, Career Philippines, is not applicable as it is not on all fours with this case. Instead, it asserts that the applicable case should be Leonis Navigation Co., Inc. v. Villamater,[9] where it was held that the satisfaction of the monetary award by the employer does not render the petition for certiorari moot before the CA. On the other hand, respondent reiterates the CA ruling, asserting that the voluntary satisfaction by petitioner of the full judgment award rendered the case moot, and insists that it was a clear indication that it had already been persuaded by the judiciousness and merits of the award for disability compensation. He also avers that this petition is merely pro-forma as it is a reiteration of petitioner's previous issues and arguments already resolved by the CA. The Court's Ruling Petition for Certiorari, Not Moot Section 14, Rule VII of the 2011 NLRC Rules of Procedure provides that decisions, resolutions or orders of the NLRC shall become final and executory after ten (10) calendar days from receipt thereof by the parties, and entry of judgment shall be made upon the expiration of the said period.[10] In St. Martin Funeral Home v. NLRC,[11] however, it was ruled that judicial review of decisions of the NLRC may be sought via a petition for certiorari before the CA under Rule 65 of the Rules of Court; and under Section 4 thereof, petitioners are allowed sixty (60) days from notice of the assailed order or resolution within which to file the petition. Hence, in cases where a petition for certiorari is filed after the expiration of the 10-day period under the 2011 NLRC Rules of Procedure but within the 60-day period under Rule 65 of the Rules of Court, the CA can grant the petition and modify, nullify and reverse a decision or resolution of the NLRC. Accordingly, in this case, although the petition for certiorari was not filed within the 10day period, petitioner timely filed it before the CA within the 60-day reglementary elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55882 4/10