This case has been cited 2 times or more.
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2011-12-14 |
LEONARDO-DE CASTRO, J. |
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| To recall, PNB filed its petition with the CTA En Banc four days beyond the extended period granted to it to file such petition. PNB argues that it was filed on time since it was mailed on the last day of the extended period, which was on December 23, 2005. It has been established that a pleading "filed by ordinary mail or by private messengerial service x x x is deemed filed on the day it is actually received by the court, and not on the day it was mailed or delivered to the messengerial service."[34] In Benguet Electric Cooperative, Inc. v. National Labor Relations Commission,[35] we said: The established rule is that the date of delivery of pleadings to a private letter-forwarding agency is not to be considered as the date of filing thereof in court, and that in such cases, the date of actual receipt by the court, and not the date of delivery to the private carrier, is deemed the date of filing of that pleading.[36] | |||||
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2009-05-21 |
CARPIO, J. |
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| Article 223 of the Labor Code, the governing law on the timeliness of an appeal from the decisions, awards or orders of the Labor Arbiter, is explicit that the aggrieved party has 10 calendar days from receipt thereof to appeal to the NLRC. Accordingly, this 10-day reglementary period to perfect an appeal is mandatory and jurisdictional in nature. The failure to file an appeal within the reglementary period renders the assailed decision final and executory and deprives the appellate court of jurisdiction to alter the judgment, much less to entertain the appeal.[9] | |||||