Lucero v. National Labor Relations Commission
REITERATIONFacts
The Antecedents: Julio Lucero, Master of the vessel M/V Eastern Minicon, was hired by Eastern Shipping Lines, Inc. on October 31, 1979. On February 16, 1980, the vessel encountered rough weather and was lost at sea, with no survivors or bodies recovered. The respondent company paid death benefits to the heirs of the crew members. However, Lucero's wife, the petitioner herein, refused this payment and instead filed a complaint for accrued and continued payment of monthly allotments. Procedural History: The National Seamen Board initially ruled in favor of the petitioner, holding that the presumption of death under Article 391(1) of the Civil Code had not yet expired. This decision was affirmed by the National Labor Relations Commission (NLRC). However, on appeal by Eastern Shipping Lines, Inc. (G.R. No. 60101), the Supreme Court reversed the NLRC's ruling on August 31, 1983, stating that the presumption of death should yield to the preponderance of evidence and that the petitioner was entitled to death benefits. Subsequently, the petitioner filed a claim with the Philippine Overseas Employment Administration (POEA), arguing that death benefits should be based on the new Standard Format effective February 1, 1984. The POEA ruled on May 16, 1985, that the benefits should be based on the Old Standard Format applicable in 1980, awarding P12,000.00 and US$500.00. The petitioner appealed this decision to the NLRC. The Petition: The petitioner filed a petition for certiorari under Rule 65 of the Rules of Court, seeking to annul the NLRC's resolution dated October 23, 1985, which dismissed her appeal from the POEA decision for being filed out of time. The petitioner argued that her appeal was timely filed because the tenth day fell on a Saturday and she filed on the following Tuesday, or alternatively, that the delay was due to excusable negligence. She also contended that she was entitled to death benefits based on the new Standard Format effective in 1984. The Supreme Court addressed two issues: whether the appeal was properly dismissed and whether the petitioner was entitled to benefits under the new format. The Court found the appeal was indeed filed late, as Saturdays are considered business days, and that the right to appeal is statutory, not a matter of due process, especially when the case lacks merit. Furthermore, the Court affirmed that death benefits are determined by the law in effect at the time of the seaman's death, not at the time of payment.
Issue(s)
Whether the appeal of petitioner was properly dismissed by the respondent Commission on the ground of late filing. Whether petitioner is entitled to death benefits in an amount based on the new Standard Format which became effective in 1984, four years after the loss of the vessel and death of petitioner's husband.
Ruling
The petition is DISMISSED, and the resolution of respondent National Labor Relations Commission dated October 23, 1985, is AFFIRMED.
Ratio Decidendi
On the issue of late filing of the appeal: The Court held that the ten (10)-day period for appeal to the NLRC contemplates calendar days, not working days. The general rule is that if the last day to appeal falls on a Saturday, it is considered a business day and the appeal must be filed on that day. In this case, the last day to appeal was June 8, 1985, a Saturday. The appeal was filed on June 11, 1985, a Tuesday, making it two days late. The Court reiterated that the perfection of an appeal is not only mandatory but also jurisdictional. The argument that the lawyer's illness constituted excusable negligence was rejected. The Court noted that the law firm was the counsel on record, and it was their duty to be vigilant. Furthermore, the right to appeal is a statutory right, not a constitutional one, and while liberal construction is sometimes allowed to serve substantial justice, it is not applicable when the case is unmeritorious. On the issue of the amount of death benefits: The Court reiterated the settled rule that the material date in determining the amount of death compensation benefits is the date of death of the seaman, not the amount provided by law at the time of payment. In this case, Captain Lucero died on February 16, 1980. Therefore, the death benefits should be based on the Old Standard Format applicable at that time, which the POEA correctly computed as P12,000.00 for death benefits and the peso equivalent of US$500.00 for loss of personal effects. The Court found no basis to apply the new Standard Format, which took effect after the seaman's death, as it does not provide for retroactive application. The delay in the recovery of benefits was also attributed to the petitioner, not the respondent corporation.
Main Doctrine
The ten (10)-day period for appeal to the NLRC contemplates calendar days. If the last day to appeal falls on a Saturday, it is considered a business day, and the appeal must be filed on that day. Failure to file within the reglementary period, even if due to counsel's illness, does not automatically warrant liberal construction of the rules, especially when the case is unmeritorious. The amount of death benefits is determined by the format applicable at the time of the seaman's death, not at the time of payment.