This case has been cited 2 times or more.
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2005-05-26 |
AUSTRIA-MARTINEZ, J. |
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| As to the first issue, the Court finds merit to the claim of petitioner that A.M. Circular No. 00-2-03-SC as herein quoted earlier, further amending Section 4, Rule 65 of the Rules of Court, should be given retroactive effect. The Court held in Republic vs. Court of Appeals:[11] | |||||
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2005-02-28 |
AUSTRIA-MARTINEZ, J. |
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| In view of the retroactive application of procedural laws,[27] Section 4, Rule 65 of the 1997 Rules of Procedure, [28] as amended by A.M. No. 00-2-03 which took effect on September 1, 2000, is the governing provision. It provides that when a motion for reconsideration is timely filed, the 60-day period for filing a petition for certiorari shall be counted from notice of the denial of said motion. While respondents' motion for reconsideration was filed 16 days late,[29] the NLRC nonetheless acted thereon and denied it on the basis of lack of merit. In resolving the merits of the motion despite being filed out of time, the NLRC undoubtedly recognized that it is not strictly bound by the technicalities of law and procedure. Thus, the 60-day period for filing of a petition for certiorari should be reckoned from the date of the receipt of the resolution denying the motion for reconsideration, i.e., May 30, 1997, and thus, the filing made on July 18, 1997 was well within the 60-day reglementary period. | |||||