G.R. No. 92234, August 30, 1990
THE UNIVERSITY OF NUEVA CACERES, petitioner, vs. THE HON. RUBEN D. TORRES, in his capacity as THE SECRETARY OF LABOR AND EMPLOYMENT, et al., respondents.

FACTS

The University of Nueva Caceres Teachers Alliance filed a petition for certification election. The Med-Arbiter issued an order on December 14, 1989, directing a certification election. The petitioner university received a copy of this order on December 21, 1989. Dissatisfied, the university filed its Memorandum on Appeal via registered mail on January 2, 1990. The respondent University of Nueva Caceres Faculty and Employees Federation also filed a separate appeal.
The Secretary of Labor and Employment, Ruben D. Torres, issued a joint resolution on February 9, 1990, denying both appeals. The university’s appeal was specifically denied for having been filed out of time. The university filed a motion for reconsideration, arguing its appeal was timely, and subsequently filed this petition for certiorari, alleging the Secretary committed grave abuse of discretion.

ISSUE

Whether or not the Secretary of Labor and Employment committed grave abuse of discretion in dismissing the petitioner’s appeal from the Med-Arbiter’s order on the ground that it was filed out of time.

RULING

Yes, the Secretary committed grave abuse of discretion. The ruling is based on the proper computation of the appeal period under labor rules and the Administrative Code. Rule V, Book V of the Omnibus Rules Implementing the Labor Code provides that an appeal from a Med-Arbiter’s order in a certification election case must be filed within ten (10) calendar days from receipt. The university received the order on December 21, 1989. Counting ten calendar days, the last day to appeal fell on December 31, 1989, which was a Sunday.
Applying Section 28, Chapter 7, Book I of the Administrative Code of 1987, which states that if the last day for doing an act required by law falls on a holiday, the act may be performed on the next succeeding business day, the legal situation required further analysis. Since December 31 was a Sunday, and the following day, January 1, was New Year’s Day, a legal holiday, the next business day was January 2, 1990. The Court, citing the precedent in SM Agri and General Machineries vs. NLRCL, held that when the last day of a period to appeal falls on a Sunday or a legal holiday, the appeal may validly be filed on the next business day. Consequently, the university’s appeal filed on January 2, 1990, was timely. The Secretary’s dismissal of the appeal for being late was therefore a grave abuse of discretion for being contrary to law and established jurisprudence. The petition was granted, the Secretary’s resolution was set aside, and he was ordered to give due course to the university’s appeal.