I. Whether the Court of Appeals committed reversible error in
dismissing Romero's petition for certiorari for being filed out of time;
II. Whether the NLRC erred in finding that HHBC did not illegally
dismiss Romero; and
III. Whether the NLRC erred in finding that CBM was not responsible for the
recruitment and deployment of Romero.
The Courts Ruling
The petition has merit.
When the Court of Appeals dismissed Romeros petition, Circular No. 39-98,
which embodied the amendments to Section 4, Rule 65 of the 1997 Rules of Civil
Procedure, was already in effect. The Circular provides:
SEC. 4. Where and when petition to be filed. The petition may be filed not later
than sixty (60) days from notice of the judgment, order or resolution sought to be
assailed 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 jurisdiction. If it
involves the acts or omissions of a quasi-judicial agency, and unless otherwise
provided by law or these Rules, the petition shall be filed in and cognizable only
by the Court of Appeals.
If the petitioner had filed a motion for new trial or reconsideration in due time
after notice of said judgment, order or resolution, the period herein fixed shall be
interrupted. If the motion is denied, the aggrieved party may file the petition
within the remaining period, but which shall not be less than five (5) days in any
event, reckoned from notice of such denial. No extension of time to file the
petition shall be granted except for the most compelling reason and in no case to
exceed fifteen (15) days.