CASE 2020-0010: MICHAEL ADRIANO CALLEON VS. HZSC REALTY CORPORATION, ET AL. (G.R. NO. 228572. JANUARY 27, 2020) (BRIEF TITLE: CALLEON VS. HZSC REALTY CORP.)
DISPOSITIVE:
SUBJECTS/DOCTRINES/DIGEST:
WHAT HAPPENED IN THIS CASE?
PETITIONER FILED HIS PETITION FOR CERTIORARI AT CA FROM AN NLRC DECISION SUSTAINING THE LABOR’S ARBITER DECISION FINDING PETITIONER LIABLE. IN HIS PETITION, PETITIONER ARGUES THAT IN THE ABSENCE OF MALICE OR BAD FAITH, HE SHOULD NOT BE HELD SOLIDARILY LIABLE WITH RESPONDENT CORPORATION. CA SUSTAINED NLRC. PETITIONER FILED MOTION FOR RECONSIDERATION. CA DENIED SAID MOTION IT ON THE GROUND THAT THE MOTION WAS FILED LATE COUNTING FROM DATE THE PETITIONER PERSONALLY RECEIVED A COPY OF THE DECISION OF CA. SUPREME COURT SAID THE COUNTING OF THE APPEAL PERIOD MUST BE BASED ON THE DATE COUNSEL RECEIVED A COPY OF THE RESOLUTION OF C.A. THUS SC REMANDED THE CASE TO THE CA FOR FURTHER PROCEEDINGS.
WHY SHOULD THE DATE BE COUNTED FROM THE DATE COUNSEL RECEIVED COPY OF NOTICE AND NOT FROM DATE PARTY RECEIVED COPY?
BECAUSE THE PARTIES GENERALLY HAVE NO KNOWLEDGE OF THE RULES OF PROCEDURE OR MECHANICS OF AN APPEAL OR AVAILMENT OF LEGAL REMEDIES.
TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.
SCD-2020-0010-Michael Adriano Calleon Vs. HZSC Realty Corporation, et al.
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