DISPOSITIVE:

FOR THESE REASONS, the petition is GRANTED. The Court of Appeals’ Resolutions dated March 8, 2018 and May 21, 2018 in CA-G.R. CEB-SP No. 11429 are REVERSED and SET ASIDE. The case is REMANDED to the Court of Appeals for a proper resolution on the merits with dispatch.

So Ordered.

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

IN THIS CASE THE UNION  MOVED FOR RECONSIDERATION OF THE ADVERSE DECISION OF THE VOLUNTARY ARBITRATOR WITHIN 10 DAYS. WHEN THE ARBITRATOR DENIED THEIR MOTION, THE UNION FILED AN APPEAL WITH THE C.A. 15 DAYS AFTER THEY RECEIVED THE DENIAL. C.A. DISMISSED THE APPEAL ON THE GROUND THAT THE DECISION BECAME FINAL AND EXECUTORY AFTER 10 CALENDAR DAYS AND THUS THE APPEAL SHOULD HAVE BEEN FILED WITHIN 10 CALENDAR DAYS. SUPREME COURT RULED THAT  THE C.A. IS WRONG. UNDER RULE43 OF THE RULES OF COURT THE PERIOD OF APPEAL IS 15 DAYS FROM NOTICE OF THE DECISION OF THE VOLUNTARY ARBITRATOR. THE 10-DAY PERIOD IN ARTICLE 276 SHOULD BE UNDERSTOOD AS THE TIME WITHIN WHICH THE ADVERSE PARTY MAY MOVE FOR A RECONSIDERATION FROM THE DECISION OR AWARD OF THE VOLUNTARY ARBITRATORS.

“Under Article 276 of the Labor Code, the award or decision of voluntary arbitrators shall be final and executory after 10 calendar days from notice.20 On the other hand, Rule 43 of the Rules of Court provides that an appeal from the judgment or final orders of voluntary arbitrators must be made within 15 days from notice.21 With these, the Court has alternatively used the 10-day or 15-day reglementary periods. 22 In Guagua National Colleges v. CA, 23 the Court En Banc settled the confusion and clarified that the 10-day period in Article 276 should be understood as the time within which the adverse party may move for a reconsideration from the decision or award of the voluntary arbitrators.24 Thereafter, the aggrieved party may appeal to the CA within 15 days from notice pursuant to Rule 43 of the Rules of Court, …..”

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scd-2021-0006-g.r.-no.-240130-dorelco-employees-union-alu-tucp-vs.-don-orestes-romualdez-electric-cooperative-inc.Download

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