G.R. No. 225142 . September 13, 2017
NYK-FIL SHIP MANAGEMENT, INCORPORATED, PETITIONER, V. GENER G. DABU, RESPONDENT.

FACTS

Respondent Gener G. Dabu was hired by petitioner NYK-Fil Ship Management, Inc. as an oiler. During his pre-employment medical examination, he disclosed his existing diabetes mellitus, which was noted as controlled. He commenced work on April 6, 2013, but soon experienced severe symptoms, leading to a medical consultation in Sri Lanka where he was declared unfit for duty and repatriated on April 12, 2013. The company-designated physician in the Philippines treated him but ultimately declared his illness not work-related. Dabu subsequently consulted private physicians who found his condition work-aggravated and rendered him permanently unfit for sea duty. He then filed a claim for disability benefits.
The National Conciliation and Mediation Board-Panel of Voluntary Arbitrators (NCMB-PVA) ruled in favor of Dabu, awarding him disability compensation. Petitioner received a copy of this PVA Decision on February 9, 2015. On February 24, 2015, petitioner filed a Petition for Review with the Court of Appeals (CA) under Rule 43. Initially, the CA granted the petition and reversed the PVA. However, upon Dabu’s motion for reconsideration, the CA issued an Amended Decision dismissing petitioner’s appeal for having been filed out of time, prompting this petition before the Supreme Court.

ISSUE

Whether the Court of Appeals correctly dismissed the Petition for Review for having been filed beyond the reglementary period, thereby rendering the PVA Decision final and executory.

RULING

Yes, the Court of Appeals was correct. The Supreme Court affirmed the dismissal, holding that the petition was filed out of time. Under Article 262-A of the Labor Code and the pertinent NCMB Procedural Guidelines, an award or decision of a Voluntary Arbitrator becomes final and executory after ten (10) calendar days from receipt by the parties. Petitioner received the PVA Decision on February 9, 2015. The ten-day period for filing an appeal expired on February 19, 2015. Petitioner filed its Petition for Review with the CA only on February 24, 2015, which was five days late.
The Court rejected petitioner’s argument that the 15-day period under Rule 43 of the Rules of Court should apply. It reiterated the doctrine established in Philippine Electric Corporation (PHILEC) v. Court of Appeals that the special law (the Labor Code) governs over the general rule of procedure. The ten-day period provided in the Labor Code is mandatory and jurisdictional. The failure to perfect an appeal within this period renders the arbitral award final and executory, depriving appellate courts of jurisdiction to review it. The principle of immutability of final judgments applies, grounded on public policy that litigation must end. Since the PVA Decision had already attained finality when the petition was filed, the CA correctly dismissed it for lack of appellate jurisdiction.