deployment in Saudi Arabia. Although it is an established principle in law that in
illegal dismissal cases, it is the employer (or the respondent) that has the burden
of proof in showing that the employee concerned was dismissed for a just cause,
it is, however, incumbent upon the complainant employee to show the existence
of employee-employer relationship, or in this case complainant has to show his
relationship with the respondent placement agency and the fact that it was said
agency which caused his employment to Saudi Arabia, failing such, his action
must necessarily fail.[4]
On appeal, the NLRC sustained the decision of the Labor Arbiter in a Resolution
dated 12 March 1999.[5] The NLRC likewise denied Romeros motion for
reconsideration.[6]
The Court of Appeals Ruling
The Court of Appeals dismissed the petition based on Section 4, Rule 65 of the
1997 Rules of Civil Procedure, as amended by Circular No. 39-98, which took
effect on 1 September 1998.
The Court of Appeals stated that when Romero filed his motion for
reconsideration on 26 April 1999, twelve (12) days had elapsed from 14 April
1999, the day Romero received the NLRC Resolution dated 12 March 1999. Since
Romero received the denial of his motion for reconsideration on 9 August 1999,
the Court of Appeals held that when Romero filed his petition for certiorari on 28
September 1999, sixty two (62) days had lapsed since his receipt of the NLRC
Resolution of 12 March 1999. The Court of Appeals thus dismissed Romeros
petition for being filed out of time.
The Issues
Petitioner raises the following issues before this Court:[7]