MA. VILMA S. LABAD, plaintiff, v.
THE UNIVERSITY OF SOUTHEASTERN PHILIPPINES, defendant.
G. R. No. 139665. August 9, 2001.
Facts:
Labad, an employee of University of Southern Philippines (USP), was under probation due to a complaint filed to her by the Parent-Teacher Association on February 1, 1996. The complaints rooted on Dishonesty, Misconduct, and Unfitness as a teacher, which involved incidents when Labad lied of the amount she paid for the yearbook, violation of RA 7079 (Campus Journalism Act of 1991), no release of the said yearbook, and abuse of students. The Investigation Committee, constructed by USP, held that there should be a non renewal of Labad’s probationary status. The salient dates are summarized as follows:
April 14, 1998- Civil Service affirmed the Investigation Committee’s decision
December 11, 1998- Civil services Committee denied Labad’s Motion for Reconsideration.
December 28, 1998- Labad filed a Motion for Extension to file Petition to CA.
January 12, 1999- Labad filed a Petition for Review to CA.
February 17, 1999- Labad received a Resolution granting her Petition for Extension.
March 10, 1999- Labad received a Resolution from the CA dismissing her Petition for Review.
The Court also stated that the Petiton for Review was filed beyond the extended period which ended January 10, 1999.
Issue:
Whether or not the CA erred in dismissing the Petition for Review filed by petitioner before it on the ground that the petition was filed late.
Whether the extension period started on December 26,1998 or on December 28, 1998.
Ruling:
The Court ruled that the date when the extension should take effect was on December 28, 1998 since December 26, 1998 fell on a Saturday. According to Sec 1, Rule 22 of the Rules of Court, “if the last day of the period, as computed, falls on a Saturday, on Sunday or on a legal holiday in a place where the Court sits, the time shall not run until the next working day”. Therefore, the Petition for Review can be submitted until January 12, 1999. Henceforth, the petition was granted and remanded that the appellate court for further proceedings.
