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SALVADOR AWA INOCENTES, JR., Et - Al v. R. SYJUCO CONSTRUCTION, INC. (RSCI)

The Supreme Court ruled that the petition for review on certiorari was timely filed. The petitioners were project employees of RSCI construction company who were dismissed. They claimed illegal dismissal but the lower courts ruled against them. The Court of Appeals denied a motion for reconsideration on July 5, 2018. Petitioners were granted a 30 day extension to file the petition, until August 26, 2018. However, since the last day fell on a Sunday and the next day was a holiday, per Supreme Court rules the deadline is extended to the next working day. Therefore, the petition filed on August 28, 2018 was deemed timely.

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Jireh Dela Vega Agustin
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366 views1 page

SALVADOR AWA INOCENTES, JR., Et - Al v. R. SYJUCO CONSTRUCTION, INC. (RSCI)

The Supreme Court ruled that the petition for review on certiorari was timely filed. The petitioners were project employees of RSCI construction company who were dismissed. They claimed illegal dismissal but the lower courts ruled against them. The Court of Appeals denied a motion for reconsideration on July 5, 2018. Petitioners were granted a 30 day extension to file the petition, until August 26, 2018. However, since the last day fell on a Sunday and the next day was a holiday, per Supreme Court rules the deadline is extended to the next working day. Therefore, the petition filed on August 28, 2018 was deemed timely.

Uploaded by

Jireh Dela Vega Agustin
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Remedial Law: Civil Procedure

COMPUTATION OF TIME

SALVADOR AWA INOCENTES, JR., et.al v. R. SYJUCO


CONSTRUCTION, INC. (RSCI)
G.R. No. 240549 | Aug. 27, 2020 | First Division |

(LAZARO-JAVIER, J.:)

FACTS:

Respondent R. Syjuco Construction, Inc. (RSCI), a


construction company hired Salvador Inocentes Jr., Agapito
Inocentes, King Marvin Inocentes, and Dennis Catangui
(petitioners). The RSCI's foreman twice directed Salvador,
Agapito, King, and Dennis to report for work for another short-
term project, but they failed to do so. Petitioners filed a request
for assistance and complaint. They sued for illegal dismissal.
Labor Arbiter (LA) dismissed the complaint for lack of merit. She
ruled that petitioners were project employees. The National Labor
Relations Commission (NLRC) ruled that petitioners were regular
employees so their dismissal due to contract expiration was
invalid. On RSCI's petition for certiorari, the Court of Appeals
(CA) affirmed in the main the NLRC’s decision. On July 5, 2018,
the CA denied petitioners' subsequent motion for
reconsideration. Hence, petitioners filed the petition for review on
certiorari on August 28, 2018.

ISSUE:

Was the petition for review on certiorari filed on time?

RULING:

YES. RSCI points out that the petition was belatedly filed
on August 28, 2018 or two days beyond the 30 day extension
sought which expired on August 26, 2018. A.M. 00-2-14-SC Re:
Computation of Time When the Last Day Falls on a Saturday,
Sunday or Legal Holiday and a Motion for Extension Filed on Next
Working Day is Granted ordains that when the last day of the
filing period falls on a Saturday, a Sunday, or a legal holiday
in the place where the court sits, the time shall not run until
the next working day. Here, the Court granted petitioners an
extension of 30 days from receipt of the assailed Resolution or
until August 26, 2018 within which to file the present petition.
Since August 26, 2018, last day of the extended due date, fell on
a Sunday, and the next day, August 27, was declared a regular
holiday, the petition was timely filed on the next working day,
August 28, 2018. So must it be. The petition was timely filed.

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