COURT OF APPEALS
Appeal Via Rule 65, ROC
- Rule 65 petition for certiorati, the only mode of elevating labor cases to the CA
- The only mode by which a labor case decided by any of the following labor authorities/tribunals may reach
the CA
o DOLE Secretary
o Commission (NLRC)
o Director of Bureau of Labor Relations (BLR) in cases decided by him in his appellate jurisdiction
- Why Rule 65? Appeal is not available from the decisions, orders or awards of labor authorities/tribunals
cause their decisions, orders, or awards are finals and executory and therefore unappealable.
ONLY EXCEPTION: decisions, orders or awards issued by the Voluntary Arbitrator may be elevated to the CA by way
of an ordinary appeal under Rule 43 petition for review.
ONLY GROUNDS:
1. Without or in excess of jurisdiction, or
2. With grave abuse of discretion amounting to lack or excess of jurisdiction
Grave abuse of discretion amounting to lack or excess of jurisdiction
- defined as the capricious and whimsical exercise of judgement amounting to or equivalent to lack of
jurisdiction
Petition for Certiorati does not include the correctness of its evaluation of the evidence or of its factual findings
which are generally accorded not only respect but also finality, but is confined to issue of jurisdiction or grave abuse
of discretion.
PERIOD TO FILE
- 60 days from notice of judgement, order or resolution
- In case of motion for reconsideration or motion for new trial is filed, regardless of whether such motion is
required or nor, the 60 day period is reckoned and computed from the notice of the denial of said motion.
- The 60 day period is reckoned form the receipt of the decision by the counsel or representative of record
and nor by the litigant-party
Exception to the strict application of the 60 day rule (Labao vs Flores)
1. Most persuasive and weighty reasons,
2. To relive ta litigant from an injustice not commensurate with his failure to comply with the prescribed
procedure
3. Good faith of the defaulting party by immediately paying within a reasonable time from the time of the
default
4. The existence of special and compelling circumstances
5. The merits of the case
6. A cause not entirely attributable to the fault or negligence of the party favored by the suspension of the
rules
7. Lack of any showing that the review sought is merely frivolous and dilatory
8. The other party will not be unjustly prejudiced thereby
9. Fraud, accident, mistake or excusable negligence without appellant’s fault
10. Peculiar legal and equitable circumstances attenadant to each case
11. In the name of substantial justice and fair play
12. Importance of the issue involved
Labrel
Lee
13. Exercise of sound discretion by the judge guided by all the attendant circumstance
Rule on verification and certification of non-forum shipping
- If co-parties are being sued in their individual capacities, the certification on non-forum shopping signed by
only one of two or more petitioners is defective, unless he was duly authorized by his co-petitioners.
- If filed by a corporate entity, a corporate officer who is a co-petitioner need not co-sign the Verification and
Certification on Non-Forum Shopping
- In a certiorari petition involving a corporation, the Secretary’s Certification authorizing a representative or
agent to sign the verification and certification of non-forum shopping is necessary.
No bond required in Rule 65
Filling of Motion for Reconsideration of the decision of the DOLE Secretary, The Commission (NLRC) or the BLR
Director is a pre-requisite to the filling of rule 65 petition for certiorati
- It is mandatory and jurisdictional
- Failure to comply would result in the dismissal of the petition
- The reason for this rule is that in labor cases, a motion for reconsideration is the plain and adequate remedy
from an adverse decision of the DOLE Sec, NLRC and BLR Director.
Philtranco Doctrine
- A motion for reconsideration should be filed even though it is not required or ever prohibited by the
concerned government office
- Regardless of the proscription against the filling of a motion for reconsideration, the same may be filed on
the assumption that rectification of the decision or order must be obtained and before a petition for
certiorati may be instituted.
Exception to the Rule on Exhaustion of Administative Remedies (filling for a motion for reconsideration)
1. There is violation of due process
2. When the issue involved is purely legal question
3. When the administrative action is patently illegal amounting to lack or excess of jurisdiction
4. When there is estoppel on the part of the administrative agency concerned
5. When there is irreparable injury
6. When the respondent is a department secretary whose acts as an alter ego of the president bear the implied
and assumed approval of the latter
7. When to require exhaustion of administrative remedies would be unreasonable
8. When it would amount to a nullification of a claim
9. When the subject matter is a private land in land cases proceedings
10. When the rule does not provide a plain, speedy and adequate remedy
11. When there are circumstances indication the urgency of juridical intervention
12. When no administrative review is provided by law
13. Where the rule of qualified political agency applies
14. When the issue of non-exhaustion of administrative remedies has been rendered moot.
Appeal Via Rule 43, ROC
As a general rule, decision or awards of the Voluntary Arbitrators are final, inappealable and executory after 10
calendar days from receipt of a copy thereof by the parties.
It is a well settled rule, however, that the findings of fact and law made by the voluntary arbitrator may be reviewed
by the court.
Labrel
Lee
VA’s decision or awards may be contested in the following grounds
1. Lack or want of jurisdiction
2. Grave abuse of discretion
3. Violation of due process
4. Denial of substantive justice
5. Erroneous interpretation of the law
Luzon Development Bank vs Association of Luzon Development Bank Employees equated the decision or award of a
Voluntary Arbitrator to those of the RTC.
Period of Appeal
- 15 days from the notice of award, judgement or final order or resolution of the VA
Payment of docket fee within prescribed period
- Mandatory and jurisdictional
- It is required under Sec. 5 of rUle 43 that the petitioner should pay to the CA clerk of court the docketing
fee and other lawful fees
- Non-compliance with this procedural requirement is considered a sufficient grounds ofr the petition’s
dismissal.
SUPREME COURT
Rule 45, ROC
- Rule 45, petition for review on certiorari is the only mode by which a labor case may reach the SC.
- Such appeal from the final disposition of the CA is a petition for review on certiorari under Rule 45, and not
a special civil action of certiorati under Rule 65 of the ROC.
- Reglementary period – 15 days from notice of judgement or denial of the motion for reconsideration
If the party fails to do so within the reglementary period and the decision accordingly becomes finals and executory,
he cannot avail himself of the writ of certiorati, his predicament being the effect of his deliberate inaction.
A petition for certiorari under Rule 65 cannot be a substitute for a lost appeal under Rule 65; hence, it should be
dismissed.
A party cannot file a petition both under Rule 65 and Rule 45.
The Neypes Doctrine (Fresh Period Rule)
- The appellant is allowed a fresh period of 15 days within which to file a notice of appeal in the RTC, counted
from receipt of the offer dismissing a motion for a new trial or motion for reconsideration. This fresh period
rule also applies to Rule 43 appeals from quasi0judicial agencies to the CA and Rule 45 appeals by certiorati
to the SC
Labrel
Lee
