GR 101021; (April, 1993) (Digest)
G.R. No. 101021. April 6, 1993.
SAN MIGUEL CORPORATION, petitioner, vs. THE NATIONAL LABOR RELATIONS COMMISSION and MARIO BRAGANCIA, respondents.
FACTS
Private respondent Mario Bragancia, a machine operator at San Miguel Corporation, was dismissed on February 6, 1990. The company alleged he assaulted a co-employee who refused to join an overtime work boycott. Bragancia denied this, claiming he was merely pacifying the individuals involved. He first sought reconsideration through the CBA-established grievance committee, which sustained his termination. Subsequently, on July 4, 1990, he filed a complaint for unfair labor practice and illegal dismissal before the Labor Arbiter. Petitioner San Miguel Corporation filed a motion to dismiss the case, arguing that since Bragancia had availed of the grievance machinery under the CBA, the unresolved grievance fell under the exclusive jurisdiction of voluntary arbitrators as per Article 261 of the Labor Code. Labor Arbiter Ernesto Dinopol granted the motion to dismiss in an Order dated October 9, 1990, and referred the case to voluntary arbitration. Bragancia’s counsel received a copy of this Order on October 23, 1990. He filed his Appeal-Memorandum with the NLRC on November 5, 1990. The NLRC, however, ruled in his favor and remanded the case to the arbitration branch. Petitioner moved for reconsideration, which was denied.
ISSUE
Whether the National Labor Relations Commission acted with grave abuse of discretion in entertaining Bragancia’s appeal, which was filed beyond the ten-day reglementary period, thereby rendering the Labor Arbiter’s order final and executory.
RULING
Yes. The Supreme Court granted the petition. The ten-day period for appealing a decision or order of the Labor Arbiter under Article 223 of the Labor Code refers to calendar days, not working days. Perfection of an appeal within this reglementary period is both mandatory and jurisdictional. Failure to do so renders the assailed decision final and executory. Since Bragancia’s counsel received the Labor Arbiter’s Order on October 23, 1990, the tenth calendar day fell on November 2, 1990. The appeal filed on November 5, 1990, was three days late. Consequently, the Labor Arbiter’s Order had become final and executory, and the NLRC had no jurisdiction to alter it. The NLRC’s Resolutions dated June 14, 1991, and July 19, 1991, were set aside, and the Labor Arbiter’s Order referring the case to voluntary arbitration was reinstated.