G.R. No. 199384 - LE SOLEIL INT'L. LOGISTICS CO., INC., AND/OR BETH UMALI, REYNANTE MALABANAN, AND EUGENIO S. YNION, JR., VS. VICENTE SANCHEZ, DAVID R. CONDE, AND NATIONAL LABOR RELATIONS COMMISSION.

Ruling

WHEREFORE , the petition is DENIED DUE COURSE and accordingly DISMISSED . [4] Aggrieved by the foregoing resolution, petitioners timely interposed a Motion for Reconsideration which was also denied by the appellate court in a Resolution [5] dated 17 November 2011. Issues Petitioners are now before this Court via this instant Petition for Review on Certiorari praying that the CA Resolutions be reversed and set aside on the following grounds: I. THE COURT OF APPEALS ERRED IN NOT EXERCISING ITS EQUITY JURISDICTION AS ENUNCIATED BY JURISPRUDENCE ON THE MATTER; II. THE CA ERRED IN NOT FINDING THAT THE NLRC GRAVELY ABUSED ITS DISCRETION. [6] The Court's Ruling We deny the petition. The general rule is that a timely appeal is the remedy to obtain reversal or modification of the judgment on the merits. This is true even if one of the errors to be assigned on appeal is the lack of jurisdiction on the part of the court rendering the judgment over the subject matter, or the exercise of power by said court is in excess of its jurisdiction, or the making of its findings of fact or of law set out in the decision is attended by grave abuse of discretion. In other words, the perfection of an appeal within the reglementary period is mandatory because the failure to perfect the appeal within the time prescribed by the Rules of Court unavoidably renders the judgment final as to preclude the appellate court from acquiring the jurisdiction to review the judgment. [7] The pertinent rules on the perfection of a petition for certiorari is set forth under Section 4 of Rule 65 of the 1997 Rules of Civil Procedure, amended by A.M. No. 07-7-12-SC, which reads: SEC. 4. When and where to file petition . The petition shall be filed not later than sixty (60) days from notice of the judgment or resolution. In case a motion for reconsideration or new trial is timely filed, whether such motion is required or not, the sixty (60) days period shall be counted from the notice of the denial of the motion. If the petition relates to an act or an omission of a municipal trial court or of a corporation, a board, an officer or a person, it shall be filed with the Regional Trial Court exercising jurisdiction over the territorial area as defined by the Supreme Court. It may also be filed with the Court of Appeals or with the Sandiganbayan, whether or not the same is in aid of the courts appellate jurisdiction. If the petition involves an act or an omission of a quasi-judicial agency, unless otherwise provided by law or these rules, the petition shall be filed with and be cognizable only by the Court of Appeals. In election cases involving an act or omission of a municipal or a regional trial court, the petition shall be filed exclusively with the Commission on Elections, in aid of its appellate jurisdiction. Under the foregoing rules, petition for certiorari should be instituted within a period of 60 days from notice of the judgment, order, or resolution sought to be assailed. [8] The 60-day