G.R. No. 143389. May 25, 2001.
PFIZER INC., MA. ANGELICA B. LLEANDER and SANDRA WEBB, petitioners, vs. EDWIN V. GALAN, respondent.

FACTS

Respondent Edwin V. Galan, a long-time and award-winning employee of petitioner Pfizer Inc., was dismissed in October 1998 for loss of trust and confidence following an investigation into alleged unauthorized use of a company vehicle and questionable expense liquidations. Galan filed an illegal dismissal complaint. The Labor Arbiter ruled in his favor, awarding him over P2 million. The National Labor Relations Commission (NLRC) affirmed this decision in a Resolution dated December 17, 1998, received by petitioners on December 29, 1998. Petitioners filed a motion for reconsideration on January 8, 1999, which the NLRC denied in a Resolution dated April 29, 1999, received by petitioners on May 13, 1999. Petitioners then filed a petition for certiorari with the Court of Appeals on July 12, 1999.
The Court of Appeals dismissed the petition outright, finding it was filed beyond the 60-day reglementary period. It computed the period from the receipt of the NLRC’s denial of the motion for reconsideration on May 13, 1999, to the filing on July 12, 1999, which spanned 60 days. The appellate court also noted a defect in the verification, as it was signed by an Employment Specialist of Pfizer who was not formally named as a petitioner.

ISSUE

Whether the Court of Appeals erred in dismissing the petition for certiorari on the grounds of being filed out of time and having a defective verification.

RULING

Yes. The Supreme Court reversed the Court of Appeals and remanded the case for further proceedings. On the procedural timeliness, the Court clarified the application of the 1997 Rules of Civil Procedure, as amended. The rule states that the 60-day period to file a petition for certiorari is interrupted by the timely filing of a motion for reconsideration. The period resumes upon receipt of the order denying the motion, with the petitioner granted the remaining period to file, but in no case less than five days. Here, petitioners received the NLRC’s initial Resolution on December 29, 1998. They had 10 days, or until January 8, 1999, to file a motion for reconsideration, which they did. This filing interrupted the 60-day period. Upon receipt of the denial on May 13, 1999, they had the full balance of the original 60-day period to file the certiorari petition. Since they used only 10 days of the original period before interruption, they had 50 remaining days from May 13, 1999. Their filing on July 12, 1999, was within this 50-day period and was therefore timely.
Regarding the verification, the Court held the defect was not fatal. The verification was signed by Cleofe Legaspi, Pfizer’s Employment Specialist who coordinated the investigation against Galan. She possessed personal knowledge of the facts and was acting on behalf of the corporate petitioner. The verification substantially complied with the rules, and lack of verification is generally a formal, not jurisdictional, defect that can be excused to serve substantial justice. The Court found no misrepresentation, as Legaspi clearly identified herself as an officer verifying for the company.