G.R. No. 137113 . August 30, 1999.
NOEL F. CIACICO, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION, HONORABLE LABOR ARBITER FATIMA JAMBARO-FRANCO and TOYOTA MOTORS PHIL. CORP., respondents.

FACTS

Petitioner Noel F. Ciacico filed a Motion for Reconsideration from the Supreme Court’s Resolution dated March 3, 1999, which dismissed his petition for certiorari for being filed late and for late payment of docket fees. In his motion, petitioner alleged that he received the NLRC Decision on September 14, 1998, and he filed a Motion for Reconsideration with the NLRC on September 24, 1998. He received the NLRC Resolution denying his motion for reconsideration on December 4, 1998. He subsequently filed his petition for certiorari with the Supreme Court on January 28, 1999. Petitioner contended that his petition was filed within the 60-day prescriptive period.

ISSUE

Whether or not the petition for certiorari was filed within the reglementary period prescribed under Section 4, Rule 65 of the Rules of Court, as amended.

RULING

No. The Supreme Court denied the Motion for Reconsideration for lack of merit. Applying Section 4, Rule 65, as amended by Circular No. 39-98, the 60-day period to file a petition for certiorari is interrupted by the timely filing of a motion for reconsideration. Upon denial of the motion, the aggrieved party may file the petition within the remaining period, but not less than five days. Petitioner received the NLRC Decision on September 14, 1998, and filed his motion for reconsideration on September 24, 1998, consuming nine days of the 60-day period. When he received the denial on December 4, 1998, he had 51 days remaining to file the petition. He filed it on January 28, 1999, which was 55 days later, exceeding the prescribed period. The computation followed the rules on periods under Rule 22, Sections 1 and 2.