Case Digest: VIRGILIO SANTIAGO v. BERGENSEN D.Y. PHILIPPINES and NATIONAL LABOR RELATIONS COMMISSION

VIRGILIO SANTIAGO v. BERGENSEN D.Y. PHILIPPINES and NATIONAL LABOR RELATIONS COMMISSION

          Petitioner Virgilio Santiago filed a suit for illegal dismmissal, non-payment of wages, overtime pay, vacation pay, moral and exemplary damages and attorney‘s fees against Bergensen D.Y. Philippines (Bergensen) before the Labor Arbiter. However, it was dismissed by the same for lack of merit. On appeal, the National Labor Relations Commission (NLRC) the same was dismissed. Bergensen received a copy of the NLRC Resolution on August 18 1999. On October 11, 1999, he filed an appeal before the Court of Appeals. The same was dismissed on the ground that the appeal was not filed within the reglementary period.

ISSUE:

Whether or not the appeal was timely filed

HELD:

The reglementary period for filing an appeal was extended to 60 days as amended by A.M. No. 00-2-03-SC and as a rule of procedure, it may be retroactively applied to actions pending or undetermined at the time of their passage. And will not violate any right of a person who may feel that he is adversely affected, inasmuch as there is no vested rights in rules of procedure.

Remedial statutes or statutes relating to remedies or modes of procedure which do not create nor take away vested rights but only operate in furtherance of the remedy or confirmation of rights already existing do not come within the conception of a retroactive law or the general rule against retroactive operation of statutes. Statutes regulating the procedures of the courts will be construed as applicable to actions pending and undetermined at the time of their passage. Procedural laws are retroactive in that sense and to that extent.

The record shows that Bergensen received the NLRC resolution denying his Motion for reconsideration on 18 August 1999. Under A.M. No. 00-2-03-SC, he had 60 days or until 17 October 1999 to file a petition for certiorari before the appellate court. He filed one on 11 October 1999, well within the reglementary period.