Secretario v. National Labor Relations Commission
REITERATIONFacts
1. The Antecedents: Desiderio Secretario, employed as a foreman of the company's concession guard by North Luzon Mahogany Exporters, Inc., disappeared on October 21, 1982, while en route to the company's logging area. He was last seen conversing with a group of unidentified armed men who had handed him a letter for the company management. Despite a search, Secretario was never found. His widow, Virginia Secretario, received P3,000.00 from the company and a promise of employment for their daughter, which was not fulfilled. The company also ceased paying Secretario's Social Security System premiums. 2. Procedural History: On June 7, 1984, Virginia Secretario filed a complaint with the NLRC Regional Arbitration Branch No. II, seeking separation pay, holiday pay, and incentive pay for her husband. The labor arbiter dismissed the complaint for insufficiency of evidence on February 6, 1985. Petitioner received this decision on February 12, 1985. She filed a memorandum of appeal by registered mail on February 18, 1985, which was received by the NLRC on February 25, 1985. The NLRC dismissed her appeal on January 29, 1986, deeming it filed out of time. A motion for reconsideration was denied on July 24, 1986. 3. The Petition: Petitioner filed a petition for certiorari and mandamus with the Supreme Court, seeking to annul the NLRC's resolutions dismissing her appeal. She argued that her appeal was timely filed, as it was sent by registered mail on February 18, 1985, within the six-day period after receiving the adverse decision. The Court agreed, citing Section 1, Rule 13 of the Rules of Court, which states that the date of mailing, as indicated by the post office stamp on the envelope or registry receipt, is the date of filing. The Court found that the post office stamp on the envelope clearly showed the mailing date as February 18, 1985, thus rendering the appeal timely.
Issue(s)
Whether the appeal filed by petitioner was timely filed. Whether the NLRC committed grave abuse of discretion in dismissing the appeal.
Ruling
The petition for certiorari and mandamus is GRANTED. The Resolutions of the National Labor Relations Commission dated January 29, 1986 and July 24, 1986 are annulled and set aside. The Commission is ordered to give due course to the appeal of the petitioner and to decide the same on the merits.
Ratio Decidendi
On the timeliness of the appeal: The Court agreed with the petitioner that her appeal was filed on time. Section 1, Rule 13 of the Rules of Court provides that where pleadings are filed by registered mail, the date of mailing as shown by the post office stamp on the envelope or the registry receipt shall be considered the date of filing. The records clearly showed that the filing fee and memorandum of appeal were sent by registered mail on February 18, 1985, which was six days after petitioner received the adverse decision on February 12, 1985. Therefore, the appeal was filed within the reglementary period. On the NLRC's grave abuse of discretion: The Court found the NLRC's contention that the registry receipt should have been attached to the memorandum of appeal to be devoid of merit. The Court noted that there was no need to attach the registry receipt as the mailing envelope, which was part of the records, clearly indicated the date of mailing through the post office date stamp. This date stamp, February 18, 1985, unequivocally established the date of filing. The NLRC's dismissal of the appeal on the ground that it was filed out of time was therefore erroneous, constituting grave abuse of discretion.
Main Doctrine
An appeal filed by registered mail is considered filed on the date of mailing as shown by the post office stamp on the envelope or the registry receipt, provided such date is within the reglementary period.