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JurisprudenceG.R. No. 206555 -

G.R. No. 206555 - ATTY. FORTUNATO PAGDANGANAN, JR., ATTY. ABIGAIL D. SUAREZ, AND EUGENIO A. VILLANUEVA, VS. FLORENTINO P. SARMIENTO.D E C I S I O N - Supreme Court E-Library

Cited Laws

RA 555RA 8042
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TL;DR — Ruling

WHEREFORE , the petition is GRANTED . The Decision dated October 23, 2012 and the Resolution dated March 26, 2013 of the Court of Appeals in CA-G.R. SP No.

Decision

Ruling

Accordingly, the 60-day period within which to file a petition for certiorari before the CA should be computed from January 12, 2011 , the last day of which would be on March 13, 2011. As Sarmientos petition was filed only on April 7, 2011 , it was belatedly filed by twenty-five (25) days. Effectively, therefore, the CA did not acquire jurisdiction over Sarmientos petition, hence, the NLRC Ruling could no longer be assailed. [56] WHEREFORE , the petition is GRANTED . The Decision dated October 23, 2012 and the Resolution dated March 26, 2013 of the Court of Appeals in CA-G.R. SP No. 118912 are hereby REVERSED and SET ASIDE . The Decision dated September 30, 2010 and the Resolution dated December 30, 2010 of the National Labor Relations Commission in NLRC NCR Case No. OFW(M) 05-07119-09/NLRC LAC No. OFW(M) 03-000209-10 are REINSTATED . SO ORDERED.