G.R. No. L-72096. January 29, 1988.
JOHN CLEMENT CONSULTANTS, INC. and EDI STAFFBUILDERS INTERNATIONAL, INC., petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION, and NESTOR A. FLORES, respondents.

FACTS

Nestor Flores was employed by John Clement Consultants, Inc. (JCCI). After incurring and failing to liquidate cash advances, JCCI initiated salary deductions to settle the debt. Flores reacted by expressing his desire to resign via telex. Upon the President’s return, Flores reiterated his resignation during a meeting and was advised to take a leave to reconsider. During this leave, he performed services for a competitor. After his leave, Flores again declared his irrevocable wish to resign, which JCCI accepted, requesting a written resignation letter per company practice. Flores never submitted the letter. JCCI then announced his resignation. Flores ceased reporting to work, failed to attend separation meetings, and delayed returning a company vehicle.
Subsequently, Flores filed a complaint for illegal dismissal. The Labor Arbiter dismissed his complaint for lack of merit, finding his resignation voluntary, but awarded him a monetary bonus. Flores received notice of this decision on December 29, 1982. He filed an appeal with the NLRC on January 13, 1983, which was 15 calendar days later. JCCI moved to dismiss the appeal as filed beyond the 10-day reglementary period, but the NLRC did not resolve this motion. Instead, it later reversed the Labor Arbiter’s decision, ordering Flores’s reinstatement with back wages.

ISSUE

Whether the National Labor Relations Commission acted without jurisdiction or with grave abuse of discretion in entertaining and granting Nestor Flores’s appeal from the Labor Arbiter’s decision.

RULING

Yes. The Supreme Court granted the petition for certiorari, annulled the NLRC decision, and reinstated the Labor Arbiter’s ruling. The Court held that the NLRC acted without jurisdiction. Under Article 223 of the Labor Code, an appeal from a Labor Arbiter’s decision must be filed within ten (10) calendar days, as established in Vir-Jen Shipping and Marine Services, Inc. v. NLRC. Flores received notice on December 29, 1982, and filed his appeal on January 13, 1983, which was five days beyond the reglementary period. No timely appeal having been perfected, the Labor Arbiter’s decision became final and executory, stripping the NLRC of any appellate jurisdiction. Its assumption of jurisdiction was a blatant disregard of settled law.
Furthermore, the NLRC committed grave abuse of discretion in reversing the Labor Arbiter’s factual findings. The evidence conclusively showed that Flores voluntarily resigned, having repeatedly expressed an irrevocable intent to resign and having engaged with a competitor while on leave. The Labor Arbiter’s findings were supported by substantial evidence, making the NLRC’s reversal whimsical and capricious. Certiorari lies to correct such jurisdictional errors and abuses of discretion, ensuring finality of labor proceedings and preventing injustice to the aggrieved party.