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    Philippine Electric Corporation (Philec), vs. Court of Appeals

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    Angelicka Jane Resurreccion
    1) Article 262-A of the Labor Code provides that a decision of a Voluntary Arbitrator becomes final and executory 10 days after the parties receive the decision. 2) A decision of a Voluntary Arbitrator that is quasi-judicial in nature can be appealed to the Court of Appeals. The appeal must be filed within 10 days from receipt of the decision as provided in the Labor Code. 3) The 10-day period to file an appeal under the Labor Code cannot be modified by the Rules of Court as it involves a substantive right.

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    Philippine Electric Corporation (Philec), vs. Court of Appeals

    Uploaded by

    Angelicka Jane Resurreccion
    116 views2 pages
    1) Article 262-A of the Labor Code provides that a decision of a Voluntary Arbitrator becomes final and executory 10 days after the parties receive the decision. 2) A decision of a Voluntary Arbitrator that is quasi-judicial in nature can be appealed to the Court of Appeals. The appeal must be filed within 10 days from receipt of the decision as provided in the Labor Code. 3) The 10-day period to file an appeal under the Labor Code cannot be modified by the Rules of Court as it involves a substantive right.

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    1) Article 262-A of the Labor Code provides that a decision of a Voluntary Arbitrator becomes final and executory 10 days after the parties receive the decision. 2) A decision of a Voluntary Arbitrator that is quasi-judicial in nature can be appealed to the Court of Appeals. The appeal must be filed within 10 days from receipt of the decision as provided in the Labor Code. 3) The 10-day period to file an appeal under the Labor Code cannot be modified by the Rules of Court as it involves a substantive right.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    116 views2 pages

    Philippine Electric Corporation (Philec), vs. Court of Appeals

    Uploaded by

    Angelicka Jane Resurreccion
    1) Article 262-A of the Labor Code provides that a decision of a Voluntary Arbitrator becomes final and executory 10 days after the parties receive the decision. 2) A decision of a Voluntary Arbitrator that is quasi-judicial in nature can be appealed to the Court of Appeals. The appeal must be filed within 10 days from receipt of the decision as provided in the Labor Code. 3) The 10-day period to file an appeal under the Labor Code cannot be modified by the Rules of Court as it involves a substantive right.

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    PHILIPPINE ELECTRIC CORPORATION (PHILEC), vs.

    COURT OF APPEALS
    Same; Same; Same; Perfection of an appeal within the reglementary
    Labor Law; Voluntary Arbitrators; Appeals; The proper remedy to reverse period is not only mandatory but also jurisdictional so that failure to do so
    or modify a Voluntary Arbitrator’s or a panel of Voluntary Arbitrators’ decision or rendered the decision final and executory, and deprives the appellate court of
    award is to appeal the award or decision before the Court of Appeals (CA).—The jurisdiction to alter the final judgment much less to entertain the appeal.—Appeal
    proper remedy to reverse or modify a Voluntary Arbitrator’s or a panel of is a “statutory privilege,” which may be exercised “only in the manner and in
    Voluntary Arbitrators’ decision or award is to appeal the award or decision before accordance with the provisions of the law.” “Perfection of an appeal within the
    the Court of Appeals. reglementary period is not only mandatory but also jurisdictional so that failure to
    do so rendered the decision final and executory, and deprives the appellate court
    Same; Same; Jurisdiction; A Voluntary Arbitrator or a panel of Voluntary of jurisdiction to alter the final judgment much less to entertain the appeal.”
    Arbitrators has the exclusive original jurisdiction over grievances arising from the
    interpretation or implementation of collective bargaining agreements.—A Labor Law; Voluntary Arbitrators; Judgments; Statute provides that the
    Voluntary Arbitrator or a panel of Voluntary Arbitrators has the exclusive original Voluntary Arbitrator’s decision “shall be final and executory after ten (10)
    jurisdiction over grievances arising from the interpretation or implementation of calendar days from receipt of the copy of the award or decision by the parties.”—
    collective bargaining agreements.  Should the parties agree, a Voluntary We ruled that Article 262-A of the Labor Code allows the appeal of decisions
    Arbitrator or a panel of Voluntary Arbitrators shall also resolve the parties’ other rendered by Voluntary Arbitrators. Statute provides that the Voluntary Arbitrator’s
    labor disputes, including unfair labor practices and bargaining deadlocks. decision “shall be final and executory after ten (10) calendar days from receipt of
    the copy of the award or decision by the parties.” Being provided in the statute,
    Same; Same; Appeals; Since the office of a Voluntary Arbitrator or a panel this 10-day period must be complied with; otherwise, no appellate court will have
    of Voluntary Arbitrators is considered a quasi-judicial agency, the Supreme Court jurisdiction over the appeal. This absurd situation occurs when the decision is
    (SC) concluded that a decision or award rendered by a Voluntary Arbitrator is appealed on the 11th to 15th day from receipt as allowed under the Rules, but
    appealable before the Court of Appeals (CA).—Since the office of a Voluntary which decision, under the law, has already become final and executory.
    Arbitrator or a panel of Voluntary Arbitrators is considered a quasi-judicial
    agency, this court concluded that a decision or award rendered by a Voluntary Same; Same; Appeals; The ten (10)-day period to appeal under the Labor
    Arbitrator is appealable before the Court of Appeals. Under Section 9 of the Code being a substantive right, this period cannot be diminished, increased, or
    Judiciary Reorganization Act of 1980, the Court of Appeals has the exclusive modified through the Rules of Court.—Under Article VIII, Section 5(5) of the
    original jurisdiction over decisions or awards of quasi-judicial agencies and Constitution, this court “shall not diminish, increase, or modify substantive rights”
    instrumentalities. in promulgating rules of procedure in courts. The 10-day period to appeal under
    the Labor Code being a substantive right, this period cannot be diminished,
    Same; Same; Judgments; Article 262-A of the Labor Code provides that increased, or modified through the Rules of Court.
    the award or decision of the Voluntary Arbitrator “shall be final and executory
    after ten (10) calendar days from receipt of the copy of the award or decision by Same; Same; Same; The rule is that a Voluntary Arbitrator’s award or
    the parties.”—Article 262-A of the Labor Code provides that the award or decision shall be appealed before the Court of Appeals (CA) within ten (10) days
    decision of the Voluntary Arbitrator “shall be final and executory after ten (10) from receipt of the award or decision.—The rule, therefore, is that a Voluntary
    calendar days from receipt of the copy of the award or decision by the parties.” Arbitrator’s award or decision shall be appealed before the Court of Appeals
    within 10 days from receipt of the award or decision. Should the aggrieved party
    Remedial Law; Civil Procedure; Appeals; It is true that Rule 43, Section 4 choose to file a motion for reconsideration with the Voluntary Arbitrator, the
    of the Rules of Court provides for a fifteen (15)-day reglementary period for filing motion must be filed within the same 10-day period since a motion for
    an appeal.—It is true that Rule 43, Section 4 of the Rules of Court provides for a reconsideration is filed “within the period for taking an appeal.”
    15-day reglementary period for filing an appeal: Section 4. Period of appeal.—
    The appeal shall be taken within fifteen (15) days from notice of the award, Remedial Law; Special Civil Actions; Certiorari; An extraordinary remedy, a
    judgment, final order or resolution, or from the date of its last publication, if petition for certiorari may be filed only if appeal is not available. If appeal is
    publication is required by law for its effectivity, or of the denial of petitioner’s available, an appeal must be taken even if the ground relied upon is grave abuse
    motion for new trial or reconsideration duly filed in accordance with the of discretion.—A petition for certiorari is a special civil action “adopted to correct
    governing law of the court or agency a quo. Only one (1) motion for errors of jurisdiction committed by the lower court or quasi-judicial agency, or
    reconsideration shall be allowed. Upon proper motion and the payment of the full when there is grave abuse of discretion on the part of such court or agency
    amount of the docket fee before the expiration of the reglementary period, the amounting to lack or excess of jurisdiction.” An extraordinary remedy, a petition
    Court of Appeals may grant an additional period of fifteen (15) days only within for certiorari may be filed only if appeal is not available. If appeal is available, an
    which to file the petition for review. No further extension shall be granted except appeal must be taken even if the ground relied upon is grave abuse of discretion.
    for the most compelling reason and in no case to exceed fifteen (15) days. As an exception to the rule, this court has allowed petitions for certiorari to be
    filed in lieu of an appeal “(a) when the public welfare and the advancement of
    public policy dictate; (b) when the broader interests of justice so require; (c)
    when the writs issued are null; and (d) when the questioned order amounts to an
    oppressive exercise of judicial authority.”
    Labor Law; Collective Bargaining Agreements; Words and Phrases; A
    collective bargaining agreement (CBA) is “a contract executed upon the request
    of either the employer or the exclusive bargaining representative of the
    employees incorporating the agreement reached after negotiations with respect
    to wages, hours of work and all other terms and conditions of employment,
    including proposals for adjusting any grievances or questions arising under such
    agreement.”—A collective bargaining agreement is “a contract executed upon
    the request of either the employer or the exclusive bargaining representative of
    the employees incorporating the agreement reached after negotiations with
    respect to wages, hours of work and all other terms and conditions of
    employment, including proposals for adjusting any grievances or questions
    arising under such agreement.” A collective bargaining agreement being a
    contract, its provisions “constitute the law between the parties” and must be
    complied with in good faith.

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