Almirante: Material dates in certiorari

AGGRIEVED by the resolution of the National Labor Relations Commission (NLRC) denying its motion for reconsideration, petitioner Oasis Park Hotel filed before the Court of Appeals (CA) a petition for certiorari under Rule 65 of the Revised Rules of Court.

The CA issued a resolution dismissing the petition due to, among others, the following procedural infirmity: incomplete verified statement of material dates as to the date of receipt of the assailed decision dated Aug. 31, 2010 of public respondent NLRC and the date of filing of the motion for reconsideration thereof in violation of Section 3, Rule 46 of the Revised Rules of Court. Did the CA err?

Ruling: No.

Apropos herein is the following disquisition of the Court on the matter in Blue Eagle Management, Inc. v. Naval, G.R. No. 192488, April 19, 2016:

On the matter of procedure, the Court of Appeals should have, at the outset, dismissed respondent’s Petition for Certiorari in CA-G.R. SP No.106037 for failure to state material dates.

A petition for certiorari must be filed within the prescribed periods under Section 4, Rule 65 of the Rules of Court, as amended:

Section 4. When and where to file the petition. - The petition shall be filed not later than sixty (60) days from notice of the judgment, order or resolution. In case a motion for reconsideration or new trial is timely filed, whether such motion is required or not, the petition shall be filed not later than sixty (60) days counted from the notice of the denial of the motion.

For the purpose of determining whether or not a petition for certiorari was timely filed, Section 3, Rule 46 of the Rules of Court, as amended, requires the petition itself to state the material dates:

Section 3. Contents and filing of petition, effect of non-compliance with requirements.-xxx

In actions filed under Rule 65, the petition shall further indicate the material dates showing when notice of the judgment or final order or resolution subject thereof was received, when a motion for new trial or reconsideration, if any, was filed and when notice of the denial thereof was received.

x x x

The failure of the petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal of the petition. x x x

The Court, in Vinuya v. Romulo, expounded on the importance of stating the material dates in a petition for certiorari:

As the rule indicates, the 60-day period starts to run from the date petitioner receives the assailed judgment, final order or resolution, or the denial of the motion for reconsideration or new trial timely filed, whether such motion is required or not. To establish the timeliness of the petition for certiorari, the date of receipt of the assailed judgment, final order or resolution or the denial of the motion for reconsideration or new trial must be stated in the petition; otherwise, the petition for certiorari must be dismissed. The importance of the dates cannot be understated, for such dates determine the timeliness of the filing of the petition for certiorari.x x x

Based on the rules and jurisprudence, the Court of Appeals correctly dismissed the petition for certiorari in CA-G.R. SP No. 117663 for failure to state material dates (Oasis Park Hotel vs. Leslee G. Navaluna, et.al., G.R. No. 197191, November 21, 2016).

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