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[ G.R. No. 139299. August 25, 1999]

COUNTRY BANKERS INSURANCE CORP., et al. vs. JOSE B. CABATU.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information is a resolution of this court dated AUG 25, 1999.

G.R. No. 139299 (Country Bankers Insurance Corporation, et al. vs. Jose B. Cabatu.)

Acting on the motion of petitioners for extension of fifteen (15) days within which to file petition for review on certiorari, the Court RESOLVES to GRANT petitioners a period of THIRTY (30) DAYS for the purpose [not only fifteen (15) days as prayed for], counted from the expiration of the reglementary period.

The manifestation of petitioners dated 30 July 1999 stating that the aforesaid motion was filed and the prescribed legal fees paid on 02 August 1999 since 30 July 1999 was declared a half-working day due to Justice Romero's retirement and their manifestation dated 16 August 1999 stating that since the last day for filing the petition is a Sunday, the same was filed on Monday 16 August 1999 are NOTED.

This is a petition for review on certiorari of the decision, dated June 14, 1999, of the Court of Appeals, dismissing for having been filed out of time the special civil action for certiorari brought by petitioners from the decision, dated August 31, 1998, of the National Labor Relations Commission (NLRC). In the said decision, the NLRC affirmed the decision, dated April 29, 1998, of the Labor Arbiter, which found that respondent had been illegally dismissed, and ordered petitioners to pay him P352,800.00 as backwages and P33,600.00 as separation pay.

The record shows that petitioners received a copy of the decision of the NLRC on September 29, 1998, form which they filed a motion for reconsideration 10 days later, on October 9, 1998. Under Rule 65, �4 of the Rules of Court, petitioners have 50 days remaining out of the original 60 days from the receipt of the resolution of the NLRC denying their motion for reconsideration within which to file a special civil action for certiorari from the decision of the NLRC with the Court of Appeals. As petitioners received a copy of the resolution denying their motion for reconsideration on January 5, 1999, it follows that they had until February 24, 1999 within which to file a special civil action for certiorari. However, petitioners filed their special civil action for certiorari only on March 5, 1999, or 9 days beyond the reglementary period. Hence, the Court of Appeals correctly dismissed their special civil action for certiorari for having been filed late. Indeed, in the instant petition, petitioners do not question the dismissal of their special civil action for certiorari by the Court of Appeals on this procedural ground, but raises questions of fact that have been adequately resolved by the Labor Arbiter and the NLRC.

WHEREFORE, the instant petition is DENIED.

Very truly yours,

(Sgd.) TOMASITA M. DRIS
Clerk of Court

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